[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Notices]
[Pages 64586-64587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32050]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY


Notice of Issuance of Decisions and Orders by the Office of 
Hearings and Appeals; Week of August 18 Through August 22, 1997

    During the week of August 18 through August 22, 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: November 26, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 47, Week of August 18 Through August 22, 1997

Appeals

Curry Contracting Co., Inc., 8/18/97 VFA-0321

    Curry Contracting Co., Inc., appealed a determination issued to it 
by the Oak Ridge Operations Office. In its Appeal, Curry asserted that 
Oak Ridge failed to conduct an adequate search for OSHA reports, award 
and incentive fee contracts at the Office of Scientific and Technical 
Information Building, and reports pertaining to itself that it 
requested pursuant to the FOIA. The DOE determined that Oak Ridge had 
performed an adequate search. Consequently, Curry's Appeal was denied.

Information Focus on Energy, 8/19/97 VFA-0310

    Information Focus on Energy, Inc. (IFE) appealed a determination by 
the Albuquerque Operations Office that partially denied IFE's request 
for information. In considering the Appeal, the DOE ordered the 
Director to either release names withheld pursuant to Exemption 6 or 
provide a detailed explanation for withholding any such information. 
Thus, the DOE granted IFE's Appeal.

Los Alamos Study Group, 8/18/97 VFA-0316

    The Los Alamos Study Group appealed a determination by the 
Albuquerque Operations Office (AO) that denied a request for 
information made under the Freedom of Information Act (FOIA). In 
considering the Appeal, the DOE confirmed that the AO correctly 
determined that the records the LASG sought are neither ``agency 
records'' within the meaning of the FOIA nor subject to release under 
the DOE regulations. Accordingly, the DOE denied the Appeal.

William H. Payne, 8/18/97, VFA-0315

    The Department of Energy granted in part a Privacy Act Appeal that 
was filed by William H. Payne. The Director of the Freedom of 
Information and Privacy Acts Division (the Director) had denied a 
request for amendment that Mr. Payne filed pursuant to the Privacy Act 
because the document that Mr. Payne wished to amend is the property of 
a DOE contractor. In the Decision, the DOE concluded that if the 
document were located in a ``Privacy Act system of records'' pursuant 
to the contractor's agreement with the DOE, the document would be 
subject to the Act, and a decision on the merits of Mr. Payne's Appeal 
should be issued. The OHA, therefore, remanded the matter to the 
Director for a search of the Privacy Act systems of records.

Refund Application

Enron Corporation/, Amerigas Propane, Inc., RF340-23; Field & McGrady 
Special, RF340-177; Larry's Bottled Gas Co., 8/21/97, RF340-71

    The DOE granted an Application for refund filed on behalf of Field 
& McGrady Special in the Enron Corporation special refund proceeding. 
The DOE found that Field & McGrady was the proper recipient of a refund 
based on petroleum purchases made by Val-Cap, Inc., a dissolved 
corporation. The partners in Field & McGrady are the same people who 
were the shareholders of Val-Cap at the time of Val-Cap's dissolution.

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.

------------------------------------------------------------------------
               Name                          Case No.             Date  
------------------------------------------------------------------------
Northeast Cooperatiave et al......  RK272-01486                  8/21/97
Prince Bros., Inc. et al..........  RK272-02259                  8/21/97
------------------------------------------------------------------------

Dismissals

    The following submissions were dismissed.

[[Page 64587]]



------------------------------------------------------------------------
                  Name                               Case No.           
------------------------------------------------------------------------
Consolidated Gas Supply Corp...........  RF340-198                      
Dallas Gas & Electric, Inc.............  RF340-200                      
Four Winds Marine Service, Inc.........  RF272-86058                    
Goodwill Industries of W. N.Y. Inc.....  RK272-3405                     
Gulf Chartering & Marine Services, Ltd.  RF272-74834                    
Personnel Security Hearing.............  VSO-0158                       
Public Service Company of NC, Inc......  RF340-199                      
------------------------------------------------------------------------

[FR Doc. 97-32050 Filed 12-5-97; 8:45 am]
BILLING CODE 6450-01-P