[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Notices]
[Pages 31989-31990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15570]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of May
4 Through May 8, 1998
During the week of May 4 through May 8, 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., 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: June 2, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 84 Week of May 4 Through May 8, 1998
Appeals
Air-Con, Inc., 5/4/98, VFA-0403
Air-Con, Inc. appealed a determination issued to it by the Idaho
Operations Office (Idaho) of the Department of Energy in which it
asserted that Idaho failed to conduct an adequate search for various
contract settlement documents requested pursuant to the FOIA. The DOE
[[Page 31990]]
determined that Idaho had performed an adequate search and that
documents possessed by a subcontractor would not be subject to the
FOIA. Consequently, the Appeal was denied.
Francis M. Kovac, 5/8/98, VFA-0404
Francis M. Kovac appealed a determination issued to him by the Oak
Ridge Operations Office of the Department of Energy in response to a
Request for Information submitted under the Freedom of Information Act
(FOIA). Mr. Kovac sought records of reimbursements to seven specified
persons, and the Oak Ridge Operations Office's search of its
computerized database of disbursements found no payments to the listed
persons. In considering the Appeal, the DOE determined that the search
performed was adequate. Accordingly, the Appeal was denied.
Personnel Security Hearings
Personnel Security Hearing, 5/6/98, VSO-0185
A Hearing Officer issued an Opinion regarding the eligibility of an
individual to maintain an access authorization. The Hearing Officer
agreed with the allegations by the DOE Personnel Security Division that
the individual (1) deliberately falsified information during two
personnel security interviews and in written and oral statements made
during an official investigation, and (2) engaged in unusual conduct
that showed the individual is not honest, reliable, or trustworthy.
Accordingly, the Hearing Officer recommended that DOE not restore the
individual's access authorization.
Personnel Security Hearing, 5/7/98, VSO-0189
A Hearing Officer recommended that access authorization not be
restored to an individual who had tested positive for marijuana. The
individual attempted to respond to security concerns raised by his use
of marijuana by showing that his use was a one-time occurrence, and
that he had received adequate rehabilitation. The individual's drug
counselor testified that he had told her of an earlier use of
marijuana, and that he would require at least an additional year and a
half of treatment before he could be considered reformed from patterns
of behavior that led to his use of marijuana. Accordingly, the Hearing
Officer came to the opinion that the individual's access authorization
should not be restored.
Personnel Security Hearing, 5/7/98, VSO-0192
A Hearing Officer issued an opinion concerning an individual whose
access authorization was suspended because she used marijuana in spite
of her awareness of the DOE's drug policy prohibiting such use. The
individual maintained that there are mitigating factors that alleviate
the agency's security concerns and justify the restoration of her
security clearance. The individual testified that her use of marijuana
was an isolated occurrence. She offered her assurance that she will
never again be involved with drugs. In addition, her Employee
Assistance Program counselor, as well as family and friends supported
her assurance of reformation. The Hearing Officer found that the
individual presented sufficient mitigating circumstances to overcome
DOE's legitimate security concerns. Accordingly, the Hearing Officer
recommended that the individual's access authorization be restored.
Refund Application
Getty Oil Company/S.O.S. Oil Corporation, 5/4/98, RR265-4
S.O.S. Oil Corporation sought an above volumetric refund in the
Getty refund proceeding based upon a claim of disproportionate
overcharge that it alleged resulted from Getty placing its retail
outlets in an incorrect class of purchaser. After the DOE denied the
disproportionate overcharge claim, the firm appealed to the U.S.
District Court, which remanded the matter to the DOE for consideration
of Ruling 1975-2 to the class of purchaser allegation. Upon remand, the
DOE found that S.O.S. had not sustained its burden of demonstrating
that Getty had placed its retail outlets in an incorrect class of
purchaser. In addition, the DOE noted that S.O.S. had previously raised
these same issues in a private action and was fully compensated for the
alleged violations in the settlement of that action. Accordingly, the
DOE affirmed its prior determination.
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.
ATLANTIC RICHFIELD CO./SOUTHERN RAILWAY CO............... RF304-4106 5/8/98
BASS ENTERPRISES PROD. CO. ET AL......................... RF272-95301 5/7/98
COCA-COLA BOTTLING CO. OF N.Y............................ RF272-98935 5/6/98
DENTON DEVELOPMENT CO., INC. ET AL....................... RK272-04708 5/8/98
Dismissals
The following submissions were dismissed.
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Name Case No.
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CRESENT COOPERATIVE ASSN..................... RF272-98916
FAST FREIGHT, INC............................ RF272-95264
JOHNSTON PUBLIC SCHOOLS...................... RF272-98992
LISBON CONTRACTORS, INC...................... RF272-98903
ROBERT JORDAN & ASSOCIATES................... VFA-0407
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[FR Doc. 98-15570 Filed 6-10-98; 8:45 am]
BILLING CODE 6450-01-P