[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