[Federal Register Volume 62, Number 142 (Thursday, July 24, 1997)]
[Notices]
[Pages 39835-39836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19540]


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DEPARTMENT OF ENERGY


Notice of Issuance of Decisions and Orders; Week of June 23 
Through June 27, 1997

Office of Hearings and Appeals
    During the week of June 23 through June 27, 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,

[[Page 39836]]

Forrestal Building, 1000 Independence Avenue, S.W., 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: July 15, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 39

Appeals

Patricia L. Baade, 6/27/97, VFA-0294

    Patricia L. Baade (Appellant) filed an Appeal of a Determination 
issued to her by the Department of Energy (DOE) in response to a 
request under the Freedom of Information Act (FOIA). In the request, 
the Appellant asked for all documents pertaining to her that are in the 
possession of the DOE. In its Determination, the FOIA/Privacy Act 
Division found that the four departmental elements it searched did not 
have any responsive documents in their possession. In another 
Determination, the Office of Inspector General (OIG) found that because 
the Appellant had refused to supply certain identifying information or 
to complete DOE Form 1800.1, it could neither confirm nor deny that it 
possessed any records pertaining to the Appellant. On appeal, the 
Appellant argued that the DOE's search had been inadequate and that she 
should get any documents in the OIG's possession since the OIG had 
distributed information from her files into the public domain. The 
Office of Hearings and Appeals (OHA) found that the search by the FOIA/
Privacy Act Division had been inadequate, in terms of both departmental 
elements that had already been searched and elements that had been 
named by the Appellant yet never searched. However, the OHA upheld the 
OIG response. Even though the Appellant is apparently requesting 
records concerning herself, OIG was required to consider her as a third 
person requesting records about someone else because she failed to 
identify herself adequately. Further, the DOE found no evidence that 
the OIG had released information concerning the Appellant into the 
public domain. Therefore, the DOE granted in part and denied in part 
the Appeal.

Refund Applications

Enron Corp./Chevron U.S.A., Inc.,
    6/25/97, Case No. RF340-162

    The DOE granted an Application for Refund submitted by Chevron 
U.S.A., Inc. (Chevron) in the Enron Corporation (Enron) special refund 
proceeding. The DOE found that Chevron had acquired the right to refund 
of three firms that had purchased product from Enron during the refund 
period. The DOE found that two of these firms were spot purchasers of 
Enron product, and that Chevron could not receive a refund based on 
these spot purchases. The DOE found that the third firm, Warren 
Petroleum Company (Warren), was a regular purchaser of products from 
two Enron affiliates, UPG, Inc. and Florida Hydrocarbons Company. 
Accordingly, the DOE granted Chevron a refund based on Warren's 
purchases from these affiliates under the ``mid-range'' presumption of 
injury. Chevron's total refund, including interest, is $83,235.

Enron Corp./Gulf States Oil & Refining Co., 6/24/97, RF340-93

    The DOE issued a Decision and Order concerning an Application for 
Refund submitted in the Enron Corporation (Enron) special refund 
proceeding concerning purchases from Enron made by Gulf States Oil & 
Refining Company (Gulf States). The DOE found that Gulf States was a 
reseller whose purchases from Enron apparently were made on the spot 
market, were sporadic and discretionary in nature, were not related to 
any of Gulf States' refining and marketing activities, and were not 
necessitated by business obligations to regular customers. Accordingly, 
the DOE found that Gulf States fit the spot market presumption of non-
injury for resellers, and that the firm had not made a showing of 
injury to overcome this presumption. The DOE therefore denied the 
Application for Refund based on Gulf States' purchases.

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.


ARISTECH CHEMICAL CORP.....................................  RF272-78413                                 6/25/97
BAY STATE GAS CO. ET AL....................................  RF272-98600                                 6/27/97
CRUDE OIL SUPPLEMENTAL REFUND DIST.........................  RB272-00111                                 6/24/97
EMCO ELEVATORS, INC. ET AL.................................  RF272-79198                                 6/27/97
HUNTER BROTHERS ET AL......................................  RK272-2001                                  6/27/97
JAN HANSON ET AL...........................................  RK272-03505                                 6/25/97
LACLEDE CAB COMPANY........................................  RK272-01403                                 6/27/97
NORMAN LUMPKIN ET AL.......................................  RF272-39710                                 6/25/97
PENNEBAKER EQUIPMENT CO. ET AL.............................  RF272-86257                                 6/27/97
SAHUARITA UNIFIED DISTRICT 30 ET AL........................  RF272-79635                                 6/24/97
STARBUCK CREAMERY CO.......................................  RR272-286                                   6/27/97
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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CAL-CAR SERVICE COMPANY......................  RR272-294                
PERSONNEL SECURITY HEARING...................  VSO-0140                 
PERSONNEL SECURITY HEARING...................  VSO-0156                 
PERSONNEL SECURITY HEARING...................  VSO-0157                 
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[FR Doc. 97-19540 Filed 7-23-97; 8:45 am]
BILLING CODE 6450-01-P