[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Notices]
[Pages 30738-30739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14972]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
January 19 Through January 23, 1998

    During the week of January 19 through January 23, 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, DC 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. 69; Week of January 19 Through January 23, 1998

Appeal

Charlene Pazar, 1/20/98, VFA-0364

    Charlene Pazar (Appellant) filed an Appeal of a Determination 
issued to her by the Rocky Flats Field Office (RFFO) of the Department 
of Energy (DOE) in response to a request under the Freedom of 
Information Act (FOIA). In its determination, RFFO withheld the sole 
requested document under Exemption 5 of the FOIA. RFFO claimed that the 
document was protected under the attorney work-product privilege. The 
Office of Hearings and Appeals determined that the document was 
protected by the attorney-work product privilege. Although the 
litigation which had led to the creation of the withheld document had 
ended, other ongoing litigation involved the same set of facts. 
Therefore, release of the document could compromise DOE's strategy and 
tactics. Accordingly, the DOE denied the Appeal.

Ruth Towle Murphy, 1/23/98, VFA-0360


[[Page 30739]]


    Ruth Towle Murphy completed the filing of a Freedom of Information 
Act (FOIA) Appeal requesting that the Office of Hearings and Appeals of 
the Department of Energy (DOE) order the release of ``estimated costs, 
fixed fees, and the names of key personnel to implement a contract,'' 
information withheld pursuant to 5 U.S.C. Sec. 552(b)(4). In 
considering the Appeal, the DOE determined that all of the information 
withheld was commercial information within the meaning of that 
Exemption. Thus, the DOE dismissed Ms. Murphy's Appeal.

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.

CITY OF PROVO............................................  RG272-738                                     1/20/98
CITY OF QUINCY...........................................  RF272-95482                                   1/20/98
ELSA COOP GIN ASSN.......................................  RF272-95719                            ..............
J & H ASSOCIATES ET AL...................................  RK272-01580                                   1/21/98
QUANTUM CHEMICAL CORP./RICE OIL CO.......................  RF330-67                               ..............
RICE-LINDQUIST, INC......................................  RF300-21841                            ..............
WINN-DIXIE MIDWEST, INC. ET AL...........................  RK272-04683                                   1/23/98
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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ARTHUR F. MURFIN.............................  VWA-0016                 
BROOKLYN-GERNSEY-MALCOLM COMM. SCHOOLS.......  RF272-79520              
GENERAL DELIVERY AND SERVICE.................  RF272-94642              
JONES, WALKER, WAECHTER, POITEVENT, CA.......  VFA-0363                 
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[FR Doc. 98-14972 Filed 6-4-98; 8:45 am]
BILLING CODE 6450-01-P