[Federal Register Volume 62, Number 111 (Tuesday, June 10, 1997)]
[Notices]
[Pages 31595-31596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15109]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of May 
12 Through May 16, 1997

    During the week of May 12 through May 16, 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: May 29, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 33

Week of May 12 Through May 16, 1997

Appeal

    Roderick L. Ott, 5/16/97, VFA-0288

    Mr. Roderick L. Ott filed an Appeal from a March 24, 1997 
determination by the Manager of the Office of Scientific and Technical 
Information of the Department of Energy (DOE). In that determination, 
the Manager denied Mr. Ott's request for information and his request 
for a waiver of fees. In considering the Appeal, the DOE determined 
that Mr. Ott's request was not reasonably descriptive as the FOIA 
requires. Also, the DOE determined that Mr. Ott had not satisfied the 
four factors that an agency must weigh to determine whether the 
requester has met the public interest requirement for an agency to 
grant him a fee waiver. Thus, the DOE denied Mr. Ott's Appeal for a fee 
waiver and request for information.

Refund Application

    Hershey Entertainment & Resort Co. et. al., 5/14/97, RF272-98707 et 
al.

    Applicants, including Tarrant County (Tarrant), filed Applications 
for Refund in the Subpart V crude oil overcharge refund proceeding. 
Tarrant's filing service, Wilson, Keller & Associates (WKA), 
extrapolated from the figure shown on Tarrant's purchase volume 
printout in the Gulf proceeding in order to derive an estimated 
purchase volume. WKA claimed it was entitled to do so because Tarrant 
had purchased only diesel fuel from Gulf, and that product was 
decontrolled on July 1, 1976. The Office of Hearings and Appeals (OHA) 
found on a more detailed Gulf customer listing that Tarrant has 
actually purchased no diesel fuel from Gulf. Because WKA had apparently 
not attempted to verify its assertion with Tarrant, this Office or any 
other source, the OHA questioned WKA's reliability. Due to 
unreliability of the assertion of WKA concerning diesel fuel in this 
case, OHA ordered that Tarrant's refund check should be mailed directly 
to that Applicant, rather than to WKA.

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.

Burlington Northern......................................  RG272-742                                     5/16/97
Cal-Car Service Co.......................................  RG272-10                                      5/14/97
Citronelle-Mobile Gathering/Globe Manufacturing Co. et al  RR336-112                                     5/14/97
Crude Oil Supple.........................................  RB272-00041                                   5/16/97
Crude Oil Supple Refund Dist.............................  RB272-00108                                   5/14/97
Crude Oil Supple Refund Dist.............................  RB272-00109                                   5/14/97
Gulf Oil Corporation/Michael Herndon.....................  RF300-20047                                   5/14/97
Bruer Airland Gulf.......................................  RF300-20048                            ..............
Gulf Oil Corporation/Ken's Gulf..........................  RF300-21839                                   5/14/97
Joe's Gulf...............................................  RF300-21840                            ..............
Hildreth Farmers Coop Assoc et al........................  RF272-93527                                   5/16/97
Sinton Dairy.............................................  RG272-747                                     5/16/97
                                                                                                                


[[Page 31596]]

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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Clear Fork Ranch.............................  RF272-98603              
Consolidation Coal Co........................  RF272-98660              
David Warren & Son, Inc......................  RF272-98605              
National Steel Corp..........................  VXA-0001                 
Peoria County Service Co.....................  RR272-282                
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[FR Doc. 97-15109 Filed 6-9-97; 8:45 am]
BILLING CODE 6450-01-P