[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Notices]
[Pages 30737-30738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14971]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
March 9 Through March 13, 1998

    During the week of March 9 through March 13, 1998, 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, 950 
L'Enfant Plaza, SW, Washington, D.C. 20585-0107, Monday through Friday, 
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: May 20, 1998.
Thomas O. Mann,
Acting Director, Office of Hearings and Appeals.

Decision List No. 76; Week of March 9 Through March 13, 1998

Appeals

Dr. Nicolas Dominguez, 313/10/98, VFA-0377, VFA-0378, VFA-0379


[[Page 30738]]


    Dr. Nicolas Dominguez filed three Freedom of Information Act (FOIA) 
Appeals requesting that the Office of Hearings and Appeals of the 
Department of Energy (DOE) order a new search for responsive documents 
and release documents withheld from three FOIA requests. In considering 
the Appeal, the DOE determined that additional responsive documents may 
exist and that other documents were not ``agency records.'' Thus, the 
DOE remanded the Appeal to the Oak Ridge Operations Office.

Janice C. Curry, 13/10/98, VFA-0370

    The DOE issued a decision granting in part a Freedom of Information 
Act (FOIA) Appeal filed by Janice C. Curry. Curry sought the release of 
documents withheld under FOIA Exemptions 6, 7(C), and 7(F) by the 
Office of Minority Affairs of the Environmental Management Division 
(EM/MA). In its decision, OHA found that withholding under Exemption 6 
was proper, but EM/MA had made no attempt to disclose non-exempt 
segregable information. Because the DOE did not have evidence of the 
law enforcement authority of the ombudsman of EM/MA, withholding under 
Exemption 7 was denied. Accordingly, the Appeal was granted in part, 
denied in part, and remanded to EM/MA for a new determination.

Masako Matsuzaki, 3/12/98, VFA-0381

    The DOE issued a decision denying a Privacy Act Appeal filed by 
Masako Matsuzaki. Matsuzaki sought the release of documents confirming 
that she was exposed to radiation while serving in the military and 
stationed at the Hanford Site in Richland, Washington. In its decision, 
the DOE found that its Richland Operations Office performed an adequate 
search for responsive information under the Privacy Act and the Freedom 
of Information Act. Accordingly, the Appeal was denied.

Stand of Amarillo, 3/10/98, VFA-0374

    The DOE granted an appeal of a FOIA determination from the DOE's 
Albuquerque Operations Office (AOO). In the determination, AOO released 
what it stated were all materials responsive to the appellant's 
request. In the appeal, the appellant included information from the 
transcript of a hearing conducted by the Department of Labor indicating 
that additional responsive documents might exist. The matter was 
therefore remanded to AOO to search for the documents indicated in the 
appeal.

Refund of 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.

HAHN TRUCK LINE, INC.....................................  RF272-95302                                   3/10/98
OGALLALA PUBLIC SCHOOLS..................................  RF272-79795                                   3/12/98
OGLE SERVICE COMPANY.....................................  RG272-00198                                   3/10/98
R.C. GERLACH.............................................  RK272-01820                                   3/12/98
STROEHMANN BAKERIES, L.C.................................  RK272-4642                                    3/12/98
EASTERN FINE PAPER, INC..................................  RJ272-54                                             
EASTERN FINE PAPER, INC..................................  RC272-382                                            
NATIONAL TEA CO..........................................  RJ272-53                                             
NATIONAL TEA CO..........................................  RC272-381                                            
STROEHMANN BROS CO., INC.................................  RC272-380                                            
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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PATRICIA MCCRACKEN...........................  VFA-0385                 
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[FR Doc. 98-14971 Filed 6-4-98; 8:45 am]
BILLING CODE 6450-01-P