[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Notices]
[Pages 9428-9429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5124]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders; Week of January 20 
Through January 24, 1997

    During the week of January 20 through January 24, 1997, 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, SW., 
Washington, DC 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: February 21, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 17

Week of January 20 through January 24, 1997

Appeals

Cascade Scientific, Inc., 1/23/97, VFA-0257

    Cascade Scientific, Inc., filed an Appeal from a determination 
issued to it by the Richland Operations Office (Richland). In its 
Appeal, Cascade asserted that Richland improperly withheld unit price 
figures from a document requested pursuant to the FOIA. The DOE 
determined that Richland had correctly applied Exemption 4 to the unit 
price figures and the Appeal was denied.

Refund Applications

Department of the Navy, RF272-00464
U.S. Army Engineer District, RF272-77326
Charleston Naval Shipyard, RF272-77502
Accounting & Finance Office, 1/23/97, RF272-78004

    The DOE dismissed Applications for Refund filed by four elements of 
the Department of Defense (DOD). The DOE noted that the Defense 
Logistics Agency had already received a refund for the total DOD 
consumption of domestic petroleum products during the refund period.

Ward Transport, Inc./William R. Ward, 1/23/97, RK272-04007

    William R. Ward submitted an Application for a Supplemental Refund 
in the crude oil refund proceeding. As the former owner of the original 
Applicant, Ward Transport, Inc., Mr. Ward sought supplemental refund 
monies due to the corporation despite the fact that he sold the entire 
capital stock of the firm in 1989. After reviewing the purchase 
agreement, the DOE determined that Mr. Ward had not retained the right 
to receive a refund based on the corporation's refined product 
purchases when he sold the capital stock. Accordingly, Mr. Ward's 
Application for Supplemental Refund was denied.

Department of Veteran Affairs, 1/23/97, RR272-00111

    The DOE denied a Motion for Reconsideration filed by a group of 
States from a Decision and Order granting a refund to a Department of 
Veterans Affairs (Veterans) medical center. The DOE rejected the 
States' argument that Veterans' status as a Federal agency was a bar to 
a crude oil refund. The DOE also rejected the States' argument that the 
purchases specified in the Veterans' Applications had already formed 
the basis for an earlier refund.

Land Paving Company, 1/21/97, RR272-00274

    DOE denied a Motion for Reconsideration of a prior crude oil refund 
decision. The DOE found that the refund should go to the debtor in 
possession of the applicant company in a pending chapter 11 bankruptcy 
proceeding, rather than to either the estate of the owner of the firm 
or to a related firm.

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.

Clark Oil Dealer.........................................  RF342-274                              ..............
E.D. Fee Transfer, Inc., E.D. Fee Transfer, Inc..........  RG272-387, RR272-261                          1/23/97
Gulf Stream Lumber Co....................................  RK272-01037                                   1/21/97
Halifax County, et al....................................  RF272-86421                                   1/23/97
J.J. Carter & Son of Nashville, et al....................  RK272-03252,                                  1/21/97
                                                                                                                

Dismissals

    The following submissions were dismissed.

[[Page 9429]]



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                     Name                               Case No.        
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Lee Britton Clark............................  RF342-93                 
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[FR Doc. 97-5124 Filed 2-28-97; 8:45 am]
BILLING CODE 6450-01-P