[Federal Register Volume 62, Number 142 (Thursday, July 24, 1997)]
[Notices]
[Page 39837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19541]



[[Page 39837]]

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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders; Week of June 16 
Through June 20, 1997

    During the week of June 16 through June 20, 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: July 15, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 38

Appeals

Dennis J. McQuade, 6/17/97, VFA-0297
    The DOE denied an appeal of a determination issued by the Oak Ridge 
Operations Office denying a request for information filed under the 
Freedom of Information Act. OHA found that the search conducted by the 
Operations Office was reasonably calculated to uncover material 
responsive to the request.

James D. Hunsberger, 6/18/97 VFA-0267

    James D. Hunsberger filed an Appeal from a denial by the Nevada 
Operations Office of a request for information that he filed under the 
Freedom of Information Act. In considering his arguments that Nevada 
did not undertake an adequate search for all responsive records, the 
DOE determined that Nevada's search was reasonable and proper. 
Accordingly, the Appeal was denied.
Los Alamos Study Group, 6/19/97 VFA-0298

    Los Alamos Study Group (Appellant) filed an Appeal of a 
Determination issued to it by the Albuquerque Operations Office (AOO) 
in response to a request under the Freedom of Information Act (FOIA). 
In the request, the Appellant asked for Conceptual Design Plans (CDPs) 
for various projects, including the Los Alamos Neuron Science Center 
(LANSC). In its Determination, AOO found that a CDP did not exist for 
the LANSC. On appeal, the Appellant requested all documents that were 
the equivalent of a CDP for the LANSC. The DOE found that this request 
on Appeal was outside the scope of the Appellant's initial FOIA request 
and accordingly denied the Appeal.

Personnel Security Hearing

Personnel Security Hearing, 6/17/97 VSO-0129
    An OHA Hearing Officer issued an opinion concerning an individual 
whose access authorization was suspended because the DOE obtained 
derogatory information that the individual was a user of alcohol 
habitually to excess and was diagnosed by a board-certified 
psychiatrist as alcohol dependent. At a hearing convened at the 
individual's request, the individual maintained that he was not alcohol 
dependent. The Hearing Officer found that the individual did not 
support this position, and that he failed to present sufficient 
evidence of rehabilitation. Accordingly, the Hearing Officer 
recommended that the individual's access authorization not be restored.

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.


Boyer Construction, et al..................................  RK272-03686                                 6/19/97
Conrey Munson, et al.......................................  RK272-03201                                 6/17/97
Crude Oil Supple Ref Dist..................................  RB272-00107                                 6/17/97
Crude Oil Supple Ref Dist..................................  RB272-00112                                 6/19/97
Crude Oil Supple Ref Dist..................................  RB272-00113                                 6/19/97
Devine & Son Trucking Co., et al...........................  RK272-01519                                 6/18/97
Duffy Storage & Moving.....................................  RG272-87                                    6/17/97
Essex Specialty Products...................................  RG272-97                                    6/18/97
Fraiman Realty.............................................  RF272-67278                                 6/18/97
Frank B. Hall & Co., Inc./AON SVC Corp.....................  RK272-04387                                 6/18/97
Morgan Cnty Svc Co.........................................  RG272-166                                   6/17/97
Scott Farm Services Inc....................................  RG272-171                                          
Mount Carmel Public Utility Co.............................  RF272-77400                                 6/19/97
Rockwell Drilling Co.......................................  RJ272-00044                                 6/20/97
Veterans Admin Medical Cntr................................  RF272-89296                                 6/17/97
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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Fairmount Chemical Co........................  RG272-00530              
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[FR Doc. 97-19541 Filed 7-23-97; 8:45 am]
BILLING CODE 6450-01-P