[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Notices]
[Pages 9429-9430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5125]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions And Orders During the Week of
January 27 Through January 31, 1997
Office of Hearings and Appeals
During the week of January 27 through January 31, 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. 18
Week of January 27 through January 31, 1997
Appeals
Consolidated Edison Company of New York, Inc., 1/28/97, VFA-0006
The DOE denied an appeal of a utility from a determination of its
liability to the Uranium Enrichment Decontamination and Decommissioning
Fund established under the Energy Policy Act of 1992. The DOE
determined that the utility was properly assessed for separative work
it purchased in leasing uranium from the DOE and for separative work
used to enrich excess uranium the utility provided to its nuclear fuel
fabricator.
Ezra A. Beattie, Sr., 1/28/97, VFA-0247
The DOE denied a Freedom of Information Act (FOIA) Appeal filed by
Ezra A. Beattie, Sr. Beattie sought information concerning a particular
Office of the Inspector General (IG) investigation. The OHA found that
the IG's withholding of the identities of individuals who had provided
information to the IG was appropriate under FOIA Exemptions 6 and 7(C).
Eugene Maples, 1/31/97, VFA-0258
Eugene Maples filed an Appeal from a determination issued by the
Office of Inspector General (OIG) on November 25, 1996. The
determination released information Mr. Maples had requested but deleted
all personal names in that information under Exemptions 6 and 7(C). The
DOE determined that not all of the names deleted were eligible for
withholding under these Exemptions, because some of them were of
persons who were neither the focus of the OIG's investigation nor
witnesses. Therefore, the DOE granted the Appeal in part, and remanded
the matter to the OIG to determine whether any of the names withheld
could be released.
Request for Exception
Lepiers' Inc., 11/28/97, VEE-0034
LePiers' Inc., filed an Application for Exception from the
requirement that it file Form EIA-782B, entitled ``Resellers/Retailers'
Monthly Petroleum Products Sales Report.'' The DOE found that exception
relief was not warranted in this case, because LePiers' was not
experiencing a special hardship, inequity or unfair distribution of
burdens as a result of the requirement that it file the Form.
Consequently, the DOE concluded that the Application for Exception
filed by LePiers' should be denied.
Personnel Security Hearing
Personnel Security Hearing, 11/28/97, VSO-0101
A Hearing Officer issued an Opinion regarding the eligibility of an
individual to maintain an access authorization. The DOE Personnel
Security Division alleged that the individual: (1) Deliberately
misrepresented in a personnel security interview his use of marijuana
and problems with prescription drugs; and (2) used, or experimented
with drugs or other controlled substance. The DOE alleged that this
conduct tends to show that the individual is not honest, reliable, or
trustworthy. The Hearing Officer determined that the individual did not
deliberately falsify information in a personnel security interview.
However, the Hearing Officer also determined that the individual used
an illegal drug and abused prescription medication, which indicated
that he is not honest, reliable or trustworthy. Accordingly, the
Hearing Officer recommended that the individual's access authorization
not be restored.
Refund Applications
Oivind Lorentzen Shipping As, 11/27/97, RG272-613
The DOE denied an Application for Refund filed on behalf of Oivind
Lorentzen Shipping AS in the crude oil refund proceeding. The basis for
the denial was the finding that the estimation method used by the firm
to determine its petroleum product purchases during the refund period
was not reasonable.
Wells Cargo, Inc., 11/28/97, RR272-124
Wells Cargo, Inc., filed a Motion for Reconsideration in the Supart
V crude oil overcharge refund proceeding. The Office of Hearings and
Appeals had previously rescinded the firm's crude oil refund because
the firm had waived the right to receive such a refund by participating
as a Surface Transporter in the Stripper Well refund proceeding. The
firm requested that the Office of Hearings and Appeals reconsider that
rescission, contending that it should have been able to claim refunds
in the Subpart V refund proceeding that it could not have claimed in
the Stripper Well refund proceeding. The OHA found no merit in this
argument, stating that this very position had already been clearly
considered and rejected by the Temporary Emergency Court of Appeals.
Accordingly, Wells Cargo's Motion was denied.
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.
[[Page 9430]]
Chatham Memorial Hospital................................ RJ272-33 1/28/97
Crude Oil Supple Ref Dist................................ RB272-00099 1/27/97
Dorothy and Harriet Davis................................ RK272-03695 1/30/97
D. R. and H. C. Davis.................................... RK272-03933
D. R. and H. C. Davis.................................... RC272-00359
Dorothy and Harriet Davis................................ RC272-00360
Edwards Bros., Inc....................................... RA272-76 1/30/97
Farm Gas Coop. Assoc. et al.............................. RG272-13 1/30/97
Medford Corporation...................................... RJ272-34 1/29/97
Texaco Inc./William Penry................................ RF321-21089 1/30/97
Joanna Penry............................................. RF321-21090
Thelma E. McKee et al.................................... RK272-01600 1/30/97
WHS, Inc................................................. RF272-89499 1/30/97
Dismissals
The following submissions were dismissed.
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Name Case No.
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Arawak Paving Co., Inc....................... RR272-00280
Harold & J. E. Layton........................ RR272-00277
Marietta Cooperative Oil Co.................. RG272-648
Personnel Security Hearing................... VSO-0092
Personnel Security Hearing................... VSO-0110
Poe Asphalt Paving, Inc...................... RR272-00278
Sankey Construction, Inc..................... RR272-00279
Varig Airlines............................... RG272-626
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[FR Doc. 97-5125 Filed 2-28-97; 8:45 am]
BILLING CODE 6450-01-P