[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Notices]
[Pages 63466-63467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30394]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
August 17 Through August 21, 1998

    During the week of August 17 through August 21, 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.
    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: November 3, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 99

Appeals

Baker, Donelson, Bearman & Caldwell, 8/20/98, VFA-0430

    Baker, Donelson, Bearman & Caldwell filed an Appeal from a 
determination issued to it by the Golden Field Office of the Department 
of Energy (DOE) in response to a Request for Information submitted 
under the Freedom of Information Act. The law firm request sought 
records related to the DOE's ``Building America'' program and a 
particular Request for Proposal issued pursuant to that program. The 
Golden Field Office released all responsive records except for one 
document which it withheld in full pursuant to Exemption 4. In 
considering the Appeal, the DOE determined that the determination 
letter employed three, analytically distinct, Exemption 4 tests: for 
trade secrets, for commercial or financial information that is 
voluntarily submitted, and for commercial or financial information that 
is involuntarily submitted. Because the tests are analytically 
distinct, they are mutually exclusive, and cannot be melded together 
for the same information. In addition, the determination letter did not 
explain the application of any of these three standards. Accordingly, 
the DOE granted the appeal in part and remanded the matter to the 
Golden Field Office to issue a new determination.

Bernice McCulloch, 8/17/98, VFA-0427


[[Page 63467]]


    The DOE issued a Decision and Order denying a Freedom of 
Information Act (FOIA) Appeal that was filed by Bernice McCulloch. In 
her Appeal, Ms. McCulloch challenged the adequacy of the search for 
responsive documents performed by the Oak Ridge Operations Office. In 
the Decision, the DOE found that the search was adequate.

HANFORD EDUCATION ACTION LEAGUE, 8/17/98 VFA-0431

    The DOE's Office of Hearings and Appeals (OHA) granted an appeal of 
a determination in response to a request for documents from the DOE's 
Richland Operations Office (DOE/RL). While finding that DOE/RL 
conducted an adequate search for documents, the OHA remanded the matter 
to the DOE's FOI and Privacy Group for a search of offices at DOE 
Headquarters.

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.


Crude Oil Supple Refund Dist.............................  RB272-00142                                   8/19/98

[FR Doc. 98-30394 Filed 11-12-98; 8:45 am]
BILLING CODE 6450-01-U