[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Notices]
[Pages 7784-7785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3850]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders; Week of October 27 
Through October 31, 1997

    During the week of October 27 through October 31, 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 6, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 57: Week of October 27 Through October 31, 1997

Appeals

Chemdata, Inc., 10/31/97, VFA-0342

    ChemData, Inc. appealed a Determination issued to it by the 
Department of Energy in response to a request under the Freedom of 
Information Act (FOIA) for information concerning bid prices for a 
subcontract. The Rocky Flats Field Office had found that all responsive 
documents were owned by the management and operating contractor, 
Kaiser-Hill Company. The DOE rejected the Appellant's argument that all 
``taxpayer-funded records'' are subject to release under the FOIA and 
that all contracting records of a DOE contractor are DOE property. 
Accordingly, the Appeal was denied.

Natural Resources Defense Council, 10/31/97, VFA-0338

    The Natural Resources Defense Council filed a Freedom of 
Information Act (FOIA) Appeal requesting a new search for responsive 
documents. In considering the Appeal, the DOE determined that 
additional responsive documents may exist and remanded the matter to 
the Albuquerque Operations Office.

Patricia C. McCracken, 10/30/97, VFA-0337

    The Department of Energy denied a Freedom of Information Act (FOIA) 
Appeal that was filed by Patricia C. McCracken. In her Appeal, Ms. 
McCracken challenged both the finding of the Savannah River Operations 
Office that a contractor proposal was exempt from disclosure pursuant 
to Exemption 3 and the adequacy of the search for responsive documents. 
In the Decision, the DOE found that the search for responsive documents 
was adequate and that the proposal was properly withheld under 
Exemption 3, because release of the proposal under the FOIA is 
forbidden by Section 821(b) of the National Defense Authorization Act 
of 1997, P.L. 104-201.

Personnel Security Hearing

Personnel Security Hearing, 10/28/97, VSO-0163

    An OHA Hearing Officer issued an opinion concerning an individual 
whose access authorization was suspended because of derogatory 
information that the individual was alcohol dependent and had violated 
a drug certification by illegal possession of amphetamines and drug 
paraphernalia. At a hearing, the individual maintained that he was 
rehabilitated from alcohol dependence. He also contended that he saw 
the amphetamines and drug paraphernalia lying in the street and picked 
them up to show to his friends as a joke, but did not purchase or 
intend to use them. The Hearing Officer found that the individual did 
not bring forth sufficient corroboration to support these assertions. 
Accordingly, the Hearing Officer recommended that the individual's 
access authorization not be restored.

Implementation of Special Refund Procedures

Crude Oil Purchasing, Inc.; Gratex Corp./Compton Corp.; Jaguar 
Petroleum, Inc.; Westport Energy Corp. & Westport Petroleum, 10/29/97, 
LEF-0058, VEF-0012, LEF-0059, LEF-0113
    This Implementation Order sets forth the procedures for 
disbursement of $2,451,396 (plus accrued interest) in alleged or 
adjudicated crude oil overcharges obtained by the DOE from Crude Oil 
Purchasing, Incorporated, Jaguar Petroleum, Incorporated, Westport 
Energy Corporation/Westport Petroleum Corporation, and Gratex 
Corporation/Compton Corporation. The DOE determined that the funds 
obtained from these firms, plus accrued interest, will be distributed 
in accordance with the DOE's Modified Statement of Restitutionary 
Policy in Crude Oil Cases.

Refund Application

Gulf Oil Corporation/Love Tractor Sales, et al., 10/28/97, RF300-14859, 
et al.
    The DOE denied applications for refund submitted by five firms 
affiliated with the John D. Love Oil Company (LOC). When, for the 
purpose of applying the presumptions of injury established in the Gulf 
Oil Corp. overcharge refund proceeding, the gallonage of these 
applicants is combined with the gallonage of LOC, the principal refund 
for all affiliated firms is $5,000. Since LOC already received a refund 
of $5,000 for its own gallonage in a previous Decision and Order, the 
Applicants were not eligible to receive any additional refund for their 
gallonage.

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.

JAMES BROS. PARTNERSHIP, ET AL...........................  RK272-04613                                  10/29/97
JERRY SETTLE, ET AL......................................  RK272-01763                                  10/29/97
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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OCTANE PETROLEUM #1..........................  RF300-15400              

[[Page 7785]]

                                                                        
OCTANE PETROLEUM #2..........................  RF300-15401              
VANTAGE PETROLEUM #1.........................  RF300-15402              
VANTAGE PETROLEUM #2.........................  RF300-15403              
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[FR Doc. 98-3850 Filed 2-13-98; 8:45 am]
BILLING CODE 6450-01-P