[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Notices]
[Pages 6563-6564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3170]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
September 29 Through October 3, 1997

    During the week of September 29 through October 3, 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: February 2, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 53; Week of September 29 Through October 3, 1997

Appeals

Richard R. McNulty, 10/1/97, VFA-0331

    The DOE's Office of Hearings and Appeals (OHA) issued a decision 
granting in part a Freedom of Information Act (FOIA) Appeal filed by 
Richard R. McNulty. McNulty sought the release of information withheld 
by the Richland Operations Office (Richland). In its decision, OHA 
found that Richland's withholding was not sufficiently explained and 
justified in its determination letter. OHA also ordered Richland to 
obtain a document which a Richland employee claimed he had taken home 
and ``lost.'' Accordingly, the Appeal was remanded to Richland for 
completion of an expanded search for the lost document, and the 
issuance of a new determination letter.

Wilburn T. Dunlap, 9/29/97, VFA-0330

    Wilburn T. Dunlap filed an Appeal from a partial denial by the 
Department of Energy's Albuquerque Operations Office (DOE/AL) of a 
request for information that he submitted under the

[[Page 6564]]

Freedom of Information Act. The Los Alamos National Laboratory was able 
to find some of the information requested. In considering the Appeal, 
the DOE found that DOE/AL had conducted an adequate search for 
responsive documents, and it accordingly denied the Appeal.

Personnel Security Hearing

Personnel Security Hearing, 9/30/97, VSO-0153

    A Hearing Officer Opinion recommended that an individual be granted 
access authorization. The Opinion found that the individual had 
resolved his financial problems and was behaving responsibly. The 
Opinion also found that the individual's omission of certain 
information on a security questionnaire did not involve an intent to 
deceive and that he could be entrusted with security matters.

Supplemental Order

Crysen Corporation, 9/29/97, VFX-0013

    The Office of Hearings and Appeals found that the money contained 
in the subaccount funded by Crysen Corporation was subject to the 
provisions of the Stripper Well Settlement Agreement. Accordingly the 
OHA ordered the DOE's Office of the Controller to make available the 
Crysen funds for distribution in the following manner: 40 percent to 
the Federal government, 40 percent to the State governments, and 20 
percent to crude oil claimants.

Refund Application

State Escrow Distribution, 10/3/97, RF302-20

    The Office of Hearings and Appeals ordered the DOE's Office of the 
Controller to distribute $23,500,000 to the State Governments. The use 
of the funds by the States is governed by the Stripper Well Settlement 
Agreement.

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.

Crude Oil Supple Ref Dist................................  RB272-00118                                   9/29/97
Estate of Walter Satrom et al............................  RK272-1958                                    10/3/97
Harris Teeter Super Markets Inc..........................  RC272-00372                                   10/1/97
Iowa State Achievement Fund et al........................  RK272-02293                                   10/1/97
Merlyn Schocker et al....................................  RK272-4551                                    10/3/97
Nationwide Utilities/Inactive Corp, In...................  RF272-98663                                   10/2/97
Pillsbury Company........................................  RR272-303                                     10/1/97
Puerto Rico Elec Power Auth..............................  RF272-67318                                   10/3/97
Steuben County Farm Bureau...............................  RR272-265                                     10/3/97
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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Canonie Construction.........................  RF272-76844              
Chamberlain Oil Co., Inc.....................  VEE-0046                 
Continental Bondware.........................  RF272-76961              
Daisey Brothers, Inc.........................  RF272-76848              
Earl Smith, Inc..............................  RF272-76952              
Elbar, Inc...................................  RF272-76451              
Gina Karen Fishing, Inc......................  RF272-76713              
M/V Jo Linda.................................  RF272-76714              
Montauk Caribbean Airways, Inc...............  RF272-76999              
North Kitsap Gravel & Asphalt Co.............  RF272-76397              
Pearman & Sons, Inc..........................  RF272-76774              
S & R Sanitation, Inc........................  RF272-76801              
Sutherland Construction, Inc.................  RF272-76765              
West Foods, Inc./Ventura Div.................  RF272-76793              
Wilcox Drillers, Inc.........................  RF272-98790              
Williard Oil Company, Inc....................  VEE-0047                 
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[FR Doc. 98-3170 Filed 2-6-98; 8:45 am]
BILLING CODE 6450-01-P