[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]


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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.

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               Name                          Case No.             Date  
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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
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Dismissals

    The following submissions were dismissed.

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                  Name                               Case No.           
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Bethlehem Steel Corp...................  RG272-00088                    
VA Medical Center......................  RF272-90205                    
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[FR Doc. 97-32051 Filed 12-5-97; 8:45 am]
BILLING CODE 6450-01-P