[Federal Register Volume 63, Number 24 (Thursday, February 5, 1998)]
[Notices]
[Page 5947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2841]


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DEPARTMENT OF ENERGY


Notice of Issuance of Decisions and Orders by the Office of 
Hearings and Appeals; Week of December 1 through December 5, 1997

    During the week of December 1 through December 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: January 27, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.

Department of Energy

Office of Hearings and Appeals

[Decision List No. 62]

Week of December 1 through December 5, 1997

Appeal

Glen M. Jameson, 12/2/97

[VFA-0345]

    Glen M. Jameson filed an Appeal from a determination that the 
Office of Headquarters Procurement Services (PS) of the Department 
of Energy (DOE) issued to him on September 17, 1997. In that 
determination, PS identified a responsive document, but concluded 
that portions of this document were exempt from mandatory disclosure 
pursuant to Exemption 4 of the FOIA. In his Appeal, Mr. Jameson 
contended that the disclosure of the requested information is not 
likely to impair the Government's ability to obtain similar 
information in the future and that its disclosure is not likely to 
cause substantial harm to the competitive position of the submitter, 
PAI Corporation. The DOE found that release of the requested 
information is likely to cause competitive harm to the submitter 
under Exemption 4. However, the DOE remanded the matter to PS for 
further segregation and release of possibly non-exempt material. 
Consequently, the Appeal filed by Mr. Jameson was granted as set 
forth in the Decision and Order and denied in all other respects.

Refund Applications

Atlantic Richfield Company/Major Oil, Inc. K.C. Distributing, Inc., 
12/2/97

[RF304-15508; RF304-15509]

    The DOE found that firms having common ownership had filed 
applications in the ARCO special refund proceeding without revealing 
their relationship. The DOE found that the two firms should have 
been considered together in calculating the amount of their refunds. 
The DOE rescinded the refunds in part and directed the firms to 
refund the amount of the excessive refund.

Philippine Airlines, Inc., 12/5/97

[RG272-01075]

    The DOE granted an Application for Refund filed on behalf of 
Philippine Airlines, Inc., in the crude oil overcharge refund 
proceeding conducted under 10 CFR part 205, Subpart V. The DOE found 
that Philippine Airlines is the proper party to receive the refund. 
The Philippine Government had also claimed the refund by arguing 
that it had owned the stock of Philippine Airlines during the refund 
period. The DOE found that Philippine Airlines has been in business 
continually since the refund period and, as a corporation, is 
entitled to the refund regardless of who owns the corporate stock.

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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CITY OF SANTA PAULA ET AL.....................     RF272-96352   12/5/97
CRUDE OIL SUPPLE REF DIST.....................     RB272-00127   12/5/97
CRYSTAL, INC. ET AL...........................     RK272-03055   12/2/97
OZINGA BROS. INC. ET AL.......................      RK272-4529   12/5/97
RICHARD B. GENTRY ET AL.......................      RK272-1966   12/5/97
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Dismissals

    The following submissions were dismissed.

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                          NAME                               CASE NO.   
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PERSONNEL SECURITY HEARING..............................        VSO-0175
T & T LEASING CORP......................................     RK272-04686
WISCONSIN ELECTRIC POWER CO.............................     RK272-04713
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[FR Doc. 98-2841 Filed 2-4-98; 8:45 am]
BILLING CODE 6450-01-P