[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Notices]
[Pages 64585-64586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32049]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals; Week of August 25 Through August 29, 1997
During the week of August 25 through August 29, 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, 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: November 26, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 48
Week of August 25 through August 29, 1997
Appeal
Burlin Mckinney, 8/28/97, VFA-0322
The DOE granted in part and denied in part an appeal of withholding
of documents at DOE's Y-12 plant in Oak Ridge, Tennessee that relate to
beryllium. The DOE found that the determination of DOE's Oak Ridge
Operations Office, that it could not justify the high costs and
burdensome effort to review the records, was inadequate in light of the
requirements of the Freedom of Information Act and the DOE regulations.
The DOE therefore remanded the case to the Oak Ridge Operations Office
for a new determination releasing the documents or explaining the basis
for withholding information with specific reference to one or more FOIA
exemptions.
Personnel Security Hearing
Personnel Security Hearing, 8/29/97, VSO-0147
An Office of Hearings and Appeals Hearing Officer issued an opinion
against restoring the security clearance of an individual whose
clearance had been suspended because the Department of Energy had
obtained derogatory information that fell within 10 CFR 710.8(k)(1). In
reaching his conclusion, the Hearing Officer found that the individual
had used methamphetamine and had not shown reformation. In addition,
the Hearing Officer found that current inconsistencies in the
individual's testimony support the charge that the individual is not
being honest, reliable and trustworthy within the meaning of 10 CFR
710.8(1).
Refund Application
Vessels Gas Processing Co./Farmland Industries, Inc., 8/27/97, RF354-
00009
The DOE issued a Decision and Order concerning an Application for
Refund filed by Farmland Industries, Inc. (Farmland), an agricultural
cooperative. Farmland sought a portion of the settlement fund obtained
by the DOE through a Consent Order settlement with Vessels Gas
Processing Co. The DOE granted Farmland a total refund of $338,343
($217,221 principal plus $121,122 interest).
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.
[[Page 64586]]
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Name Case No. Date
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Cape Ann Tool Co. et al.................................. RF272-94520 8/28/97
City of Orlando et al.................................... RF272-76387 8/25/97
Farmer's Oil Co. of Outlook et al........................ RF272-94783 8/29/97
M.R. Paving & Excavating................................. RK272-04016 8/25/97
United Cooperative Assoc. et al.......................... RK272-01507 8/29/97
Vessels Gas Processing Co./Williams Energy............... RF354-00010 8/29/97
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Dismissals
The following submissions were dismissed.
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Name Case No.
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Farmers Elevator Co-op. Assn................. RF272-98982
Five Star Moving & Storage................... RK272-4503
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[FR Doc. 97-32049 Filed 12-5-97; 8:45 am]
BILLING CODE 6450-01-P