[Federal Register Volume 63, Number 25 (Friday, February 6, 1998)]
[Notices]
[Pages 6171-6172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3005]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Issuance of Decisions and Orders; Week of December 8 through
December 12, 1997
During the week of December 8 through December 12, 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, DC 20585-0107, Monday through Friday, between the hours of
1 p.m. and 5 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 29, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.
Department of Energy
Office of Hearings and Appeals
[Decision List No. 63]
Week of December 8 Through December 12, 1997
Appeals
Dykema Gossett, PLLC, 12/11/97, [VFA-0349]
The DOE granted in part a Freedom of Information Act (FOIA) Appeal
filed by Dykema Gossett, PLLC. In its decision, DOE found that the Oak
Ridge
[[Page 6172]]
Operations Office failed to adequately explain why it withheld a
document under FOIA Exemption 4. Accordingly, the matter was remanded
to Oak Ridge for a new determination.
Tod Rockefeller, 12/11/97, [VFA-0351]
Tod Rockefeller appealed a Determination issued to him by the
Department of Energy in response to a request under the Freedom of
Information Act (FOIA). In its Determination, the Albuquerque
Operations Office (DOE/AL) released two responsive documents but
redacted identifying portions under Exemption 6 of the FOIA. The DOE
first determined that the Privacy Act did not apply to the two
documents because they were not kept in a ``system of records.'' The
DOE then concluded that Exemption 6 protects that the type of
inflammatory material withheld in this case by DOE/AL. Accordingly, the
DOE denied the Appeal.
Personnel Security Hearings
Personnel Security Hearing, 12/9/97, [VSO-0168]
An Office of Hearings and Appeals Hearing Officer issued an opinion
regarding the eligibility of an individual to maintain an access
authorization under the provisions of 10 CFR part 710. The individual's
access authorization had been suspended because of his use of alcohol.
The Hearing Officer found that the individual had not been abstinent
long enough (nine months) and had not undergone sufficient
rehabilitative treatment to warrant a finding that he is rehabilitated
from his past alcohol use and current alcohol abuse. The Hearing
Officer also concluded that none of the other arguments advanced by the
individual in his defense mitigated the resulting security concerns.
Accordingly, the Hearing Officer recommended that the individual's
access authorization not be restored.
Personnel Security Hearing, 12/8/97, [VSO-0170]
An Office of Hearings and Appeals Hearing Officer issued an opinion
concerning the continued eligibility of an individual for access
authorization. The Hearing Officer found that questions as to the
individual's eligibility for a security clearance arose under four of
the criteria specified in 10 CFR Sec. 710.8: F (falsification), J
(alcohol abuse), K (illegal drug use), and L (criminal behavior). The
Hearing Officer further found that the individual failed to present
sufficient evidence of rehabilitation, reformation or other factors to
mitigate the derogatory information and that he had not corroborated
his assertion that he had abstained from alcohol and illegal drugs for
more than a year. The Hearing Officer rejected the individual's claim
that he should be allowed a 24-month period to establish rehabilitation
just as are participants in the DOE's Substance Abuse Referral Program.
Accordingly, the Hearing Officer recommended that the individual's
access authorization should not be restored.
Refund Application
Enron Corp./BTU Energy Corporation, 12/12/97, [RF304-20]
The DOE denied an Application for Refund submitted in the Enron
Corporation special refund proceeding concerning purchases from Enron
made by BTU Energy Corporation. The DOE found that BTU was a reseller
whose purchases from Enron were made on the spot market, were sporadic
and discretionary in nature, and apparently were unrelated to any
business obligations to its regular customers. Accordingly, the DOE
found that BTU fit the spot market presumption of non-injury for
resellers, and that the firm had not made a showing of injury to
overcome this presumption.
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.
Alma Farmers Union Co-Op et al........................... RF272-94616 12/11/97
Atlantic Richfield Co./Frank & Leo'S Auto Service........ RF304-15510 12/11/97
Atlantic Richfield Co./Jerome Zielinski et al............ RF304-15200 12/11/97
Crude Oil Supple......................................... RB272-00129 12/12/97
Gulf Oil Corporation/Arrow Lakes Dairy................... RR300-00260 12/11/97
Gulf Oil Corporation/Interstate Gulf..................... RR300-00247 12/12/97
Columbus Gulf #1......................................... RR300-00248
Gulf Oil Corporation/Sure Fire Butane Co. Inc............ RF300-18802 12/12/97
Midwest Energy Cementing, Inc. et al..................... RK272-04670 12/12/97
Mountain View Coop-Fairfield............................. RC272-00378 12/12/97
Dismissals
The following submissions were dismissed.
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Name Case No.
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G.B.B. Corp.................................. RK272-04605
Personnel Security Hearing................... VSO-0180
TBS Industrial Recycling, Inc................ RK272-04685
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[FR Doc. 98-3005 Filed 2-5-98; 8:45 am]
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