[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Notices]
[Page 64587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32051]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals; Week of July 14 Through July 18, 1997
During the week of July 14 through July 18, 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. 42, Week of July 14 Through July 18, 1997
Appeal
Tri-State Drilling, Inc., 7/18/97, VFA-0304
The DOE's Office of Hearings and Appeals granted in part a Freedom
of Information Act Appeal filed by Tri-State Drilling, Inc. Tri-State
sought the release of unsuccessful bids for a specific contract that
the Bonneville Power Administration (BPA) withheld in their entirety.
The DOE found that BPA's withholding was not sufficiently explained and
justified in its determination letter. Accordingly, the Appeal was
remanded to BPA and denied in all other aspects.
Personnel Security Hearings
Personnel Security Hearing, 7/14/97, VSO-0128
A Hearing Officer recommended that access authorization be restored
when it was uncontested that the individual used an illegal drug on one
occasion. The individual's statements that she had only used illegal
drugs on one occasion were corroborated by independent evidence. This
evidence included the results of twenty-one random drug tests
administered over a long period of time. The Hearing Officer also found
that it was unlikely that the individual would use illegal drugs again.
Personnel Security Hearing, 7/16/97, VSO-0141
A Hearing Officer found that an individual had successfully
mitigated security concerns arising from an allegation that the
individual had molested his former foster child. Accordingly, the
Hearing Officer recommended that the individual's access authorization
be restored.
Petition for Special Redress
Philip P. Kalodner, 7/16/97, VSG-0001
Philip P. Kalodner requested a ``class fee'' for his participation
in the agency's enforcement proceeding against Occidental Petroleum
Corporation. The DOE denied the request on the ground that the
purported class, Subpart V claimants, had no cause of action or right
of intervention with respect to an agency enforcement proceeding. The
DOE rejected Mr. Kalodner's contention that provisions in subparts O
and V of the DOE procedural regulations authorized the requested fee.
Finally, the DOE rejected Mr. Kalodner's arguments based upon fairness.
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
------------------------------------------------------------------------
Crude Oil Supple Refund........... RB272-00114............... 7/18/97
Enron Corporation/XCEL Products RF340-203................. 7/16/97
Co., Inc.,.
Jim's Electrical Service et al.... RK272-04455............... 7/18/97
Lee FS Inc........................ RG272-00178............... 7/15/97
Naknek Electric Assoc., Inc....... RJ272-45.................. 7/16/97
------------------------------------------------------------------------
Dismissals
The following submissions were dismissed.
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
Bethlehem Steel Corp................... RG272-00088
VA Medical Center...................... RF272-90205
------------------------------------------------------------------------
[FR Doc. 97-32051 Filed 12-5-97; 8:45 am]
BILLING CODE 6450-01-P