[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Notices]
[Pages 29342-29343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14166]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
April 28 Through May 2, 1997

    During the week of April 28 through May 2, 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 21, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 31

Personnel Security Hearings

Personnel Security Hearing, 4/30/97, VSO-0121

    An Office of Hearings and Appeals Hearing Officer issued an opinion 
regarding the eligibility of an individual employed by a contractor at 
a DOE facility to maintain an access authorization under the provisions 
of 10 C.F.R. Part 710. The individual's access authorization had been 
suspended because the individual had used crack cocaine extensively 
over a seven year period, drank alcohol to the point of abuse, and 
falsified information on a Questionnaire for Sensitive Positions. The 
Hearing Officer found that the individual failed to present any 
evidence to mitigate the concerns raised by the DOE with respect to the 
individual's drug use, alcohol abuse, and falsification. The Hearing 
Officer also opined that the individual had not presented any 
mitigating evidence to demonstrate he had not engaged in conduct that 
tends to show he is not honest, reliable, or trustworthy. Accordingly, 
the Hearing Officer recommended that the individual's access 
authorization not be restored.

Personnel Security Hearing, 5/1/97, VSO-0126

    An OHA Hearing Officer issued an Opinion regarding the eligibility 
of an individual to maintain his 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 used an illegal drug, cocaine, deliberately provided 
false information to DOE Security Officials, and violated his DOE Drug 
Certification. These findings were based on the individual's positive 
drug test. Accordingly, the Hearing Officer recommended that the 
individual's access authorization not be restored.

Personnel Security Hearing, 5/2/97, VSO-0122

    A Hearing Officer issued an Opinion regarding the eligibility of an 
individual to maintain an access authorization under the provisions of 
10 C.F.R. Part 710. The respondent was alleged to be unreliable based 
upon his frequent misuse over a period of three years of his office 
computer to view adult material on the internet. A psychiatrist 
testified that the individual felt compelled to view adult material in 
part because of marital stresses. Since the respondent lost his job 
three years ago as a result of this activity, he and his wife have 
resolved the most serious of their marital problems. Consequently, the 
motivating force behind his conduct has been removed. In addition, he 
has been open with his coworkers about what he did and its consequences 
and has admonished them to avoid misusing office equipment. Under these 
circumstances, the Hearing Officer found that the respondent should be 
granted an access authorization.

Supplemental Order

Benton County, Washington, Office of Civilian Radioactive Waste 
Management, 4/30/97, VPX-0011

    The Office of Hearings and Appeals (OHA) issued a Supplemental 
Order adopting the Joint Stipulation filed on April 30, 1997 by Benton 
County, Washington and the Department of Energy, through its Office of 
Civilian Radioactive Waste Management. The Stipulation embodies the 
parties' agreement to settle any and all disputes

[[Page 29343]]

concerning DOE's liability to Benton County for ``payments-equal-to-
taxes'' (PETT) under the Nuclear Waste Policy Act of 1982, as amended 
(NWPA). The Supplemental Order and the incorporated Stipulation shall 
have the same force and effect as if the Order had been entered without 
a Stipulation and after a hearing in this matter. Since this matter has 
been settled by the Stipulation, the appeal previously filed by Benton 
County on November 4, 1993, OHA Case No. LPA-0001, was dismissed with 
prejudice.

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.

AIR SIAM NO. 1...........................................  RG272-609                                      5/1/97
AIR SIAM NO. 2...........................................  RG272-610                                            
APEX OIL CO/CLARK OIL CO/ET AL/NGL SUPPLY, INC...........  RF342-305                                     4/30/97
MRS. CARL SCHROEDER JR. ET AL............................  RK272-01402                                   4/28/97
SOUTHWEST RESEARCH INSTITUTE ET AL.......................  RF272-98706                                    5/1/97
TIMBOCS SERVICE STATION..................................  RK272-3350                                    4/30/97
YANGMING MARINE TRANSPORT................................  RG272-413                                      5/1/97
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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CATOOSA COUNTY...............................  RF272-98779              
HIGHTOWERS APTS./PEABODY CORP................  RK272-03825              
MAIERS MOTOR FREIGHT.........................  RK272-04121              
MATERIALS TRANSPORT SERVICE..................  RK272-03659              
PERSONNEL SECURITY HEARING...................  VSO-0144                 
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[FR Doc. 97-14166 Filed 5-29-97; 8:45 am]
BILLING CODE 6450-01-P