[Federal Register Volume 62, Number 44 (Thursday, March 6, 1997)] [Notices] [Pages 10268-10270] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-5516] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Notice of Issuance of Decisions and Orders by the Office of Hearings and Appeals; Week of February 3 Through February 7, 1997 During the week of February 3 through February 7, 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, 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: February 25, 1997. George B. Breznay, Director, Office of Hearings and Appeals. Decision List No. 19 Week of February 3 Through February 7, 1997 Personnel Security Hearings Personnel Security Hearing, 2/3/97 VSO-0106, An OHA Hearing Officer issued an Opinion regarding the eligibility of an individual to maintain access authorization under the provisions of 10 C.F.R. Part 710. After considering the testimony presented at the hearing and the record, the Hearing Officer found that the individual habitually used alcohol to excess and had mental conditions (alcohol abuse and alcohol dependency) that cause or may cause a significant defect in judgment or reliability. These findings were based on the individual's two charges of Driving Under the Influence (DUI), his pattern of alcohol consumption despite the negative impact it had on his life and the fact that such consumption violated the terms of his probation, and the diagnoses of two mental health professionals, including one selected by the individual himself. The Hearing Officer found the Individual was not rehabilitated or reformed from his habitually excessive use of alcohol. The Hearing Officer also found that there was a security concern resulting from other alcohol consumption-related behavior that tended to show that the individual was not honest, reliable or trustworthy. However, the Hearing Officer found that the security concerns raised by other mental conditions diagnosed by the DOE psychiatrist were mitigated by the passage of time and a more current diagnosis in which another mental health professional expressed his opinion that such mental conditions were not present. Therefore, the Hearing Officer found that those concerns had been mitigated. Nevertheless, because of the security concerns based on his alcohol-related charges, the Hearing Officer recommended that the individual's access authorization not be restored. Personnel Security Hearing, 2/3/97, VSO-0113 An OHA Hearing Officer issued an Opinion regarding the eligibility of an individual to maintain access authorization under the provisions of 10 C.F.R. Part 710. After considering the testimony presented at the hearing and the record, the Hearing Officer found that the individual habitually used alcohol to excess. This finding was based on the individual's two charges of Driving Under the Influence (DUI), the high amount of alcohol that the individual consumed and his belief that he had a drinking problem. Although the individual had attended a three month counseling program, he continued to drink. The Hearing Officer found the Individual was not rehabilitated or reformed from his habitually excessive use of alcohol. The Hearing Officer also found the Individual, due to his two DUI arrests, two assault charges, two domestic violence charges, two telephone harassment charges, and his unreformed drinking habitually to excess to have engaged in unusual conduct or to have been subject to circumstances which tend to show that he was not honest, reliable, or trustworthy; or which furnished reason to believe that he may be subject to pressure, coercion, exploitation, or duress which may cause him to act contrary to the best interests of the national security. Accordingly, the Hearing Officer recommended that the individual's access authorization not be restored. Personnel Security Hearing, 2/7/97, VSO-0118 A Hearing Officer found that an individual had not successfully mitigated security concerns arising from his provision of false information to the DOE and a pattern of criminal and other conduct that tended to show that the [[Page 10269]] individual was not honest, reliable, and trustworthy. Accordingly, the Hearing Officer recommended in the Opinion that the individual's access authorization not be restored. Whistleblower Proceeding Charles Barry DeLoach, 2/5/97, VWA-0014 Charles Barry DeLoach (DeLoach), a former employee of a Department of Energy (DOE) contractor, Westinghouse Savannah River Company (WSRC), filed a request for a hearing under the DOE's Contractor Employee Protection Program, 10 C.F.R., Part 708. DeLoach claimed that he was terminated from his job as a result of his raising issues with his superiors regarding various health and safety issues. WSRC claimed DeLoach was fired for stealing approximately $50,000 of DOE equipment. A hearing was held in which DeLoach and witnesses for WSRC testified before an Office of Hearings and Appeals Hearing Officer. On the basis of the testimony and other evidence in the record, the Hearing Officer concluded that DeLoach proved by a preponderance of the evidence that he had made disclosures protected by Part 708. However, the Hearing Officer further concluded that WSRC had proved by clear and convincing evidence that it would have taken this action even in the absence of DeLoach's disclosures. The Hearing Officer therefore determined that DeLoach was not entitled to any relief under 10 C.F.R. Part 708. Implementation of Special Refund Procedures Houma Oil Co., Jedco, Inc., 2/7/97, VEF-0023, VEF-0024 The DOE issued a Decision and Order establishing procedures for the distribution of funds obtained from Houma Oil Company and Jedco, Inc. These funds were remitted by each firm to the DOE to settle pricing violations with respect to sales of motor gasoline. The Decision sets forth procedures for customers who claim they were injured by motor gasoline purchases from Houma Oil during the period May 1, 1979 through April 30, 1980 or from Jedco, Inc. between November 1, 1973 and March 31, 1974. Any funds remaining after meritorious claims are paid will be used for indirect restitution through the states in accordance with the Petroleum Overcharge Distribution and Restitution Act of 1986. Refund Applications Anchor Gasoline Corporation/Mid Continent Systems, Inc., Seago Enterprises, Inc., Atlantic Richfield Company/Seago Enterprises, Inc., 2/4/97, RF346-18, RF346-48, RF304-15507 Both Seago Enterprises, Inc., and Mid Continent Systems, Inc., filed competing Applications for Refund in the Anchor special refund proceeding for the same purchases. The Anchor purchases had been made by Seago. However, the DOE found that Seago had merged into Mid Continent, and consequently, the right to the Anchor refund belonged to Mid Continent, not to the former owner of Seago. Accordingly, the application filed by Mid Continent was granted and that filed by Seago was denied. For these same reasons, the DOE rescinded a refund previously granted to Seago in the ARCO special refund proceeding. Pan Ocean Shipping Co., Ltd., 2/4/97, RG272-381 The Department of Energy (DOE) issued a Decision and Order (D&O) granting an Application for Refund that was filed by Pan Ocean Shipping Co., Ltd. (Pan Ocean) in the crude oil refund proceeding. In the Decision, the OHA approved Pan Ocean's estimation methodology, which was based on their ships'' average daily fuel consumption, the number of days that their voyages lasted, and the petroleum product purchasing patterns of their vessels. Pan Ocean was granted a refund of $184,469. 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. AJO TRADING CORPORATION.................................... RJ272-35 2/4/97 BLUFF CREST, INC........................................... RJ272-36 ........... ALTAIR AIRLINES, INC....................................... RG272-620 2/7/97 NORTHERN COOPERATIVE, INC. ET AL........................... RG272-640 2/7/97 RUDYARD COOPERATIVE COMPANY................................ RG272-658 2/4/97 Dismissals The following submissions were dismissed. ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ ENERGY MARKET & POLICY ANALYSIS, INC......... VFA-0259 ENSERCH CORPORATION.......................... RG272-00495 FARMERS UNION COOPERATIVE CO................. RG272-00584 KUMM FARM INC................................ RF272-89420 L. KRUPP CONSTRUCTION CO., INC............... RG272-00855 LANKIN FARMERS GRAIN CO...................... RG272-00770 LYNNEDALE PLANTING CO., INC.................. RF272-89268 MIK COOP TRUCKING ASSN....................... RG272-00896 NERSTRAND FARMERS MERC. & ELEV. CO........... RG272-00664 NEW YORK TELEPHONE COMPANY................... RF272-89009 THE CALIFORNIA STATE UNIVERSITY.............. RF272-87979 WEST SHORE CONSTRUCTION...................... RG272-00789 XEROX CORPORATION............................ RF272-93346 ------------------------------------------------------------------------ [[Page 10270]] [FR Doc. 97-5516 Filed 3-5-97; 8:45 am] BILLING CODE 6450-01-P