[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Notices]
[Page 4758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2394]


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DEPARTMENT OF ENERGY

Issuance of Decisions and Orders During the Week of November 25 
Through November 29, 1996

    During the week of November 25 through November 29, 1996, the 
decisions and orders summarized below were issued with respect to 
appeals, applications, petitions, or other requests filed with the 
Office of Hearings and Appeals of the Department of Energy. The 
following summary also contains a list of submissions that were 
dismissed by the Office of Hearings and Appeals.
    Copies of the full text of these decisions and orders are available 
in the Public Reference Room of the Office of Hearings and Appeals, 
Room 1E-234, Forrestal Building, 1000 Independence Avenue, S.W., 
Washington, D.C. 20585-0107, Monday through Friday, between the hours 
of 1:00 p.m. and 5:00 p.m., except federal holidays. They are also 
available in Energy Management: Federal Energy Guidelines, a 
commercially published loose leaf reporter system. Some decisions and 
orders are available on the Office of Hearings and Appeals World Wide 
Web site at http://www.oha.doe.gov.

    Dated: January 22, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 9

    Week of November 25 through November 29, 1996.

Appeals

Ashok K. Kaushal, 11/26/96, VFA-0228

    DOE granted in part an Appeal of withholding of documents related 
to an investigation of the requester's whistleblower complaint. DOE 
found that some of the records sought by the appellant were neither 
``agency records'' within the meaning of the FOIA, nor subject to the 
release under the DOE regulations. Regarding other records, DOE 
remanded the request for processing under the Privacy Act.

Douglas A. Holman, 11/27/96, VFA-0240

    DOE denied an Appeal of withholding of documents related to an 
investigation of the requester's role as a union steward conducted by 
his employer, a DOE contractor. DOE found that the records sought by 
the appellant were neither ``agency records'' within the meaning of the 
FOIA, nor subject to the FOIA under DOE regulations.

Gary L. Graham, 11/27/96, VFA-0237

    Gary L. Graham Appealed a determination issued to him on October 4, 
1996, by the Western Area Power Administration (WAPA) in response to a 
request for information he submitted under the Freedom of Information 
Act. WAPA had released some information Mr. Graham requested but stated 
that it could not find information responsive to a portion of his 
request. We determined that WAPA followed procedures which were 
reasonably calculated to uncover the information sought by Mr. Graham. 
Therefore, the Appeal was denied.

Research Information Services, Inc., 11/27/96, VFA-0235

    The DOE granted a Freedom of Information Act Appeal filed by 
Research Information Services, Inc. (RIS). RIS challenged the adequacy 
of a search conducted by the DOE's Office of Arms Control and 
Nonproliferation (OACN). DOE found that the determination issued by 
OACN was inadequate. Accordingly, DOE remanded the matter to OACN with 
instructions to correct the determination's deficiencies.

Thomas Stampahar, 11/29/96, VFA-0239

    Thomas Stampahar filed an Appeal from a determination issued by the 
Nevada Operations Office in response to a Request for Information 
submitted under the Freedom of Information and Privacy Acts. In 
considering the Appeal, the DOE noted that as a general matter, a FOIA 
search should encompass all documents which would be subject to the 
Privacy Act. On review the DOE determined that the search in this case 
was adequate. It also found that any responsive records which might be 
held by Bechtel Nevada are contractually the property of Bechtel Nevada 
and are not subject to the FOIA under 10 C.F.R. Sec. 1004.3(e). 
Accordingly, the Appeal was denied.

Refund Application

Good Hope Refineries/Commonwealth Edison Co., 11/29/96, RF339-19

    Commonwealth Edison Company filed an Application for Refund in the 
Good Hope Refineries II Refund Proceeding. The DOE denied ConEd's 
application after finding that it had failed to establish that it was 
an indirect purchaser of Good Hope petroleum products.

Refund Applications

    The Office of Hearings and Appeals issued the following Decisions 
and Orders concerning refund applications, which are not summarized. 
Copies of the full texts of the Decisions and Orders are available in 
the Public Reference Room of the Office of Hearings and Appeals.

Averitt Express, Inc.....................................  RR272-263                                    11/27/96
International Mill Service, et al........................  RK272-01849                                  11/27/96
San Mateo Cnty Superintendent, et al.....................  RF272-95418                                  11/25/96
United Truck Line........................................  RR272-249                                    11/25/96
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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Ralph L. Coulon..............................  RF272-92198              
Personnel Security Hearing...................  VSO-0117                 
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[FR Doc. 97-2394 Filed 1-30-97; 8:45 am]
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