[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)]
[Notices]
[Pages 25946-25947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12358]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
April 21 Through April 25, 1997

    During the week of April 21 through April 25, 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: May 5, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 30; Week of April 21 Through April 25, 1997

Appeals

Information Focus on Energy, 4/25/97, VFA-0281

    The DOE issued a decision denying in part and granting in part a 
Freedom of Information Act (FOIA) Appeal filed by Information Focus on 
Energy (IFOE). IFOE sought Internet access to records of occurrence 
reports contained in a DOE database. The DOE's FOIA/Privacy Act 
Division (HQ) denied access to the database, but released some 
responsive records to the requester. In its decision, the DOE found 
that HQ did not release all responsive records to IFOE, and granted 
this portion of the Appeal. However, the DOE found that HQ had no 
obligation to provide the responsive records on the Internet, and 
accordingly denied this portion of the Appeal.

Research Information Services, Inc., 04/25/97, VFA-0283

    Research Information Services, Inc. (RIS) filed an Appeal from a 
determination issued by the Office of Arms Control and Nonproliferation 
(OACN). In that determination, OACN furnished RIS with lists of 
information that had been forwarded to other agencies and the DOE 
Office of Declassification. In its Appeal, the RIS contended that it 
was entitled to a list of information available in the FOIA Reading 
Room. The DOE rejected that contention, holding that it was not 
required to compile a list of the publicly available material. The RIS 
also contended that OACN had not released all responsive information. 
OACN determined that some information had not been released and 
requested that the matter be remanded to it for a new determination 
either justifying the withholding of that information under Exemption 4 
or releasing it. Therefore, the Appeal was denied in part and granted 
in part.

Richard J. Levernier, 04/25/97, VFA-0282

    The DOE issued a decision granting in part a Freedom of Information 
Act (FOIA) Appeal filed by Richard J. Levernier. Levernier sought 
documents concerning certain investigations by the DOE's Office of 
Inspector General (IG). In its decision, the DOE found that the IG's 
search for responsive documents was adequate and that the IG's 
withholdings under FOIA Exemptions 6, 7(C) and 7(D) were appropriate. 
However, the DOE questioned some of the IG's withholdings under 
Exemption 5. Accordingly, the Appeal was remanded to the IG and denied 
in all other aspects.

Robert B. Freeman, 04/24/97, VFA-0279

    The DOE granted in part and denied in part an appeal of a 
determination withholding documents under Section 552a(d)(5) of the 
Privacy Act. The DOE found that certain records were not subject to the 
exemption set forth in 5 U.S.C. Sec. 552a(d)(5), that information in 
these records must be released to the appellant unless it is exempt 
from disclosure under both the Privacy Act and Freedom of Information 
Act (FOIA), and that certain other records in the possession of a 
private physician were not subject to the provisions of the Privacy Act 
or FOIA.

Supplemental Order

C. Lawrence Cornett, 4/24/97, VWX-0010

    This Order supplements an Initial Agency Decision, dated December 
19, 1996, issued by a DOE Hearing Officer involving a ``whistleblower'' 
complaint filed by C. Lawrence Cornett under the DOE Contractor 
Employee Protection Program, 10 C.F.R. Part 708. In the December 19 
Decision, the Hearing Officer recommended that Cornett be awarded back 
pay lost as a result of the reprisals taken against him, as well as all 
costs and expenses reasonably incurred by him in bringing his 
complaint. Subsequently, Cornett submitted documentation pertaining to 
his claimed back pay, attorney fees and costs. In the Supplemental 
Order, the Hearing Officer awarded Cornett back pay of $161,864 and 
interest of $33,543. With regard to attorney fees, the Hearing Officer 
proportionally reduced Cornett's attorney fee claim because of 
duplication of effort and inefficiencies of the multiple attorneys 
involved in the case. The Hearing Officer awarded Cornett $76,230 for 
attorney fees. After making reductions for costs not reasonably related 
to the bringing of his complaint, the Hearing Officer awarded Cornett 
$8,963 for costs. In total, the Hearing Officer awarded Cornett 
$280,600.

Refund Application

U.S. Department of Agriculture, 4/21/97, RF272-76126, RF272-78732

    The DOE issued an order approving two Applications for Refund filed 
by the U.S. Department of Agriculture in the DOE's Subpart V crude oil 
refund proceeding. The DOE determined that the claimed volumes were not 
purchased through the Defense Logistics Agency (DLA) and, therefore, 
were not covered by the refund granted DLA in a separate case. The 
total refund granted to USDA was $127,733.

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.

Beatrice M. Ferron et al.................................  RK272-01603                                   4/24/97
Dart Trucking............................................  RG272-43                                      4/22/97
Defiance Landmark et al..................................  RG272-11                                      4/21/97
Lewis Coal & Coke Co., Inc. et al........................  RK272-03649                                   4/22/97

[[Page 25947]]

                                                                                                                
Monahan Transportation Co., Inc..........................  RF272-97370                                   4/23/97
Qantas Airways Limited...................................  RF272-93603                                   4/23/97
Roy Anderson Paint Co....................................  RG272-12                                      4/23/97
Shippers Transports, Inc.................................  RF272-69235                                   4/24/97
Township of Dover et al..................................  RF272-86027                                   4/22/97
Vic Kimmel Inc. et al....................................  RK272-02909                                   4/24/97
West Bldg Materials/Assoc Distributors...................  RR272-268                                     4/23/97
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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Burbank Cooperative Creamery.................  RF272-895                
Farmers Co-op Elevator Co....................  RG272-779                
Grygle Cooperative Company...................  RG272-645                
Inter-Lake Cooperative Association...........  RG272-697                
Mesa Airlines, Inc...........................  RF272-98792              
Paramount Communications Realty Corp.........  RF272-98759              
Personnel Security Hearing...................  VSO-0143                 
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[FR Doc. 97-12358 Filed 5-9-97; 8:45 am]
BILLING CODE 6450-01-P