[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Notices]
[Pages 39855-39856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19815]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
June 8 Through June 12, 1998

    During the week of June 8 through June 12, 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 decision and order 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: July 16, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 89

Appeals

Jones, Walker, Waechter, Poitevent Carrere and Denegre, 6/8/98, VFA-
0419

    Jones, Walker, Waechter, Poitevent Carrre & Dengre, L.L.P., 
appealed a determination issued to it by the Federal Energy Technology 
Center (FETC) in response to a Request for Information submitted under 
the Freedom of Information Act. The law firm sought records of a never-
issued contract for the Mound Site Plume Treatment System at the Rocky 
Flat Environmental Technology Site. FETC withheld all responsive 
documents in full under the competitive harm standard of Exemption 4 
because the Rocky Flats Field Office (RFFO) was in the process of 
finalizing a contract for similar work. During the course of the 
Appeal, the DOE determined that RFFO had issued the Mound Site Plume 
Treatment System contract. Because the factual predicate for the FETC 
determination no longer existed, the DOE remanded the matter for FETC 
to issue a new determination.

The National Security Archive, 6/11/98, VFA-0327, VFA-0365

    The National Security Archive filed Appeals from denials by the 
Department of the Air Force of a request for information that it filed 
under the Freedom of Information Act (FOIA). Because the withheld 
information was classified under the Atomic Energy Act, the Air Force 
withheld it as the direction of the DOE under Exemption 3. The DOE 
determined on appeal that the information must continue to be withheld 
under Exemption 3. Accordingly, the Appeals were denied.

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.

ENRON CORPORATION/WALLACE OIL RECLAIMING COMPANY.......  RF340-173                                       6/11/98
GARY VOGT..............................................  RJ272-00060                                     6/11/98
GULF OIL CORPORATION/REEDY CREEK UTILITIES CO., INC....  RF300-17085                                     6/11/98
SHIELDALLOY METALLURGICAL CORP. ET AL..................  RF272-94619                                     6/11/98
SPRINGFIELD COLLEGE....................................  RK272-04816                                     6/10/98
ST. JOHN PARISH SCHOOL BOARD ET AL.....................  RF272-80644                                     6/11/98
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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COBLE DAIRY PRODUCTS, INC....................  RF272-98951              

[[Page 39856]]

                                                                        
WATCHTOWER BIBLE & TRACT SOCIETY OF NY.......  RF272-98962              
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[FR Doc. 98-19815 Filed 7-23-98; 8:45 am]
BILLING CODE 6450-01-P