[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Notices]
[Pages 64587-64588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32052]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals; Week of September 1 Through September 5, 1997
During the week of September 1 through September 5, 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. 49, Week of September 1 Through September 5, 1997
Appeal
Hanford Advisory Board, 9/2/97, VFA-0323
The Hanford Advisory Board filed an Appeal of a Determination
issued to it in response to a request under the Freedom of Information
Act (FOIA). The Appellant had asked for portions of a proposal made by
Fluor Daniel Hanford (FDH). In its Determination, the
[[Page 64588]]
Richland Operations Office (ROO) denied the request pursuant to
Exemption 3 of the FOIA and the National Defense Authorization Act of
1997 (NDAA), which generally prohibits the release of proposals. The
DOE found that the NDAA applied to a proposal that was issued prior to
the effective date of the statute. The DOE also found that the
requested proposal did not meet the requirements of the NDAA's
exception to non-disclosure for proposals set forth or incorporated by
reference into the final contract. However, because it appeared that
the DOE had released information from the proposal in news conferences
and press releases, the agency had waived Exemption 3 protection as to
that information. Accordingly, the Appeal was granted and the case was
remanded to the ROO for further action.
Refund Application
Pillsbury Company, RC272-97810; Seneca Foods Corporation, 9/5/97,
RK272-4055
The DOE rescinded a refund to one company and denied a Supplemental
Refund to a another company in the crude oil refund proceeding.
Pillsbury Company (Pillsbury) had received a crude oil refund based on
the purchases by its affiliate, the Green Giant Co. (Green Giant).
Later, the DOE found that another affiliate of Pillsbury, Burger King
Corporation (BK), had received a refund from the Surface Transporters
Escrow in the Stripper Well refund proceedings. By filing the Stripper
Well proceeding, BK waived Pillsbury's right to receive any refund in
the crude oil refund proceeding. Accordingly, Pillsbury's crude oil
refund was rescinded. The DOE rejected Pillsbury's argument that
because Seneca Foods Corporation had assumed the liabilities of Green
Giant when it purchased its assets, Seneca should be required to repay
the refund.
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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Rollings Farms et al............... RK272-02995 9/5/97
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Dismissals
The following submissions were dismissed.
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Name Case No.
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Buesing Corporation.................... RK272-03411
Towle Manufacturing Company............ RK272-4144
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[FR Doc. 97-32052 Filed 12-5-97; 8:45 am]
BILLING CODE 6450-01-P