[Federal Register Volume 62, Number 183 (Monday, September 22, 1997)]
[Notices]
[Pages 49511-49512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25074]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders; Week of August 4
Through August 8, 1997
During the week of August 4 through August 8, 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: September 12, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 45; Week of August 4 Through August 8, 1997
Appeals
Arter & Hadden, 8/4/97, VFA-0309
The Department of Energy (DOE) issued a Decision and Order (D&O)
denying a Freedom of Information Act (FOIA) Appeal that was filed by
Arter & Hadden (A&H). In its Appeal, A&H challenged the adequacy of the
search for responsive documents that was conducted by the DOE's
Albuquerque Operations Office. In the Decision, the OHA found that the
search was adequate.
Charles L. Wilkinson, III, 8/8/97, VFA-0312
Charles L. Wilkinson, III, (Wilkinson) filed an Appeal from a
determination issued to him by the Savannah River Operations Office
(SR) of the Department of Energy (DOE). In its Appeal, Wilkinson
asserted that SR failed to conduct an adequate search for documents
pertaining to the utilization of non-union labor at the landfill and D-
Area Powerhouse located at the DOE's Savannah River Site. Additionally,
Wilkinson asserted that SR had improperly withheld 17 documents in
their entirety pursuant to Exemption 5. After reviewing the search that
was conducted for responsive documents, the DOE determined that SR
conducted an adequate search for documents. However, while DOE
determined that SR properly invoked Exemption 5 for 15 of the documents
in question these documents were found to contain a small amount of
material which could be released to Wilkinson. One document was
properly withheld in its entirety pursuant to Exemption 5. With regard
to the remaining document, SR requested that it be given an opportunity
to make another determination regarding that document. Consequently,
Wilkinson's Appeal was granted in part.
Egan & Associates, 8/6/97, VFA-0318
The DOE's Office of Hearings and Appeals (OHA) issued a decision
dismissing the Freedom of Information Act (FOIA) Appeal filed by Egan &
Associates. The Appeal was dismissed because OHA does not have
jurisdiction when the requester has not received an initial
determination from an Authorizing Official, or when an appeal is based
on the agency's failure to process a FOIA within the time specified by
law.
Personnel Security Hearing
Personnel Security Hearing, 8/7/97, VSO-0150
An OHA Hearing Officer issued an Opinion regarding the eligibility
of an individual to maintain access authorization under the provisions
of 10 CFR Part 710. After considering the testimony presented at the
hearing and the record, the Hearing Officer found that the individual
had been appropriately diagnosed with a mental illness affecting his
judgment and reliability. Accordingly, the Hearing Officer recommended
that the individual's access authorization not be restored.
Request for Exception
Patriot Petroleum, Inc., 8/4/97, VEE-0045
Patriot Petroleum, Inc. (Patriot) filed an Application for
Exception from the Energy Information Administration
[[Page 49512]]
(EIA) requirement that it file Form EIA-782B, the ``Resellers'/
Retailers' Monthly Petroleum Product Sales Report.'' In considering
this request, the DOE found that the firm was not suffering gross
inequity or serious hardship. Therefore, the DOE denied Patriot's
Application for Exception.
Refund Application
Primerica Corporation, 8/8/97, RG272-1074
The Department of Energy considered a portion of a refund
application filed by Primerica Corporation in Case No. RF272-68493. The
DOE considered whether Primerica, as the successor to the American Can
Company, was entitled to a refund for two businesses sold by American
Can after the refund period. The DOE determined that the agreement
pursuant to which American Can sold the can business contained language
sufficiently broad in scope to transfer the right to the refund. The
DOE also determined that American Can's incorporation of its interest
in Chemplex, a joint venture engaged in chemical production, and
American Can's subsequent sale of the stock to another firm,
transferred the right to a refund. The DOE provided Primerica with an
opportunity to file comments on whether its refund for the chemical
business in Geety Oil Company/Primerica, 17 DOE para.85,354 (1988),
should be rescinded.
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.
Adeline Blumhorst Et Al.................................. RK272-02270 8/7/97
Asamera Oil (U.S.) Inc................................... RC272-367 8/8/97
Steuart Transportation Co................................ RC272-368
Asamera Oil (U.S.) Inc................................... RK272-4336
Steuart Transportation Co................................ RK272-4337
Branson R-V School District Et Al........................ RF272-96300 8/7/97
Fearnley & Eger AS Et Al................................. RA272-79 8/8/97
Morris Hertling & Co..................................... RF272-79057 8/6/97
North Point Cab Co....................................... RF272-97051 8/4/97
Plastics Universal Corp.................................. RC272-366 8/7/97
Pet, Inc................................................. RK272-4335
Plastics Universal Corp.................................. RK272-4069
Pet, Inc................................................. RC272-369
Ray G. Andis Et Al....................................... RF272-39798 8/4/97
Service America Corp..................................... RK272-04232 8/4/97
Tri-County FS, Inc....................................... RR272-00298 8/7/97
[FR Doc. 97-25074 Filed 9-19-97; 8:45 am]
BILLING CODE 6450-01-P