[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Notices]
[Pages 63467-63468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30395]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
August 24 through August 28, 1998

    During the week of September 24 through August 28, 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: November 3, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 100

Appeal

Neutron Technology Corporation, 8/27/98, VFA-0432

    The OHA denied an appeal of a determination in response to a 
request for documents from the DOE's Brookhaven National Laboratory 
(BNL). The OHA found that, pursuant to the contract under which the 
requested documents were created, the documents were the property of 
the contractor and thus not agency records subject to the FOIA.

Personnel Security

Personnel Security Hearing, 8/24/98, VSO-0207

    An OHA Hearing Officer issued an Opinion regarding the eligibility 
of an individual to maintain access authorization under the provisions 
of 10 C.F.R. Part 710. The Hearing Officer found the individual had not 
produced sufficient evidence to mitigate the security concern raised by 
a positive test result for marijuana. In particular, the Hearing 
Officer found that the individual's inconsistent statements regarding 
her knowledge and intention of marijuana use raised substantial doubt 
about whether she had falsified information that she provided in a 
Personnel Security Interview. On the basis of those unresolved security 
concerns, the Hearing Officer recommended that the individual's access 
authorization not be restored.

Refund Application

Varity Kelsey-Hayes Company F/K/A Fruehauf Corp., 8/26/98, RC272-00391

    The DOE issued a Decision and Order rescinding half of a refund 
from one company and denying two Applications for Supplemental Refund 
and two Applications for Refund from two other companies in the crude 
oil refund proceeding. The two latter companies, Fruehauf Trailer Corp. 
(FTC) and Fruehauf Trailer Services, Inc. (FTS) applied for refunds 
based on the original refund that the first company, Fruehauf Corp. 
(Fruehauf) had received. The OHA first found that FTC and FTS were 
ineligible for either supplemental or original refunds because those 
applicants were simply challenging the propriety of the grant of the 
original refund to Fruehauf. The OHA deemed this challenge to be 
untimely because FTS and FTC had failed to meet the June 30, 1995 crude 
oil proceeding filing deadline. Moreover, the OHA examined the material 
FTS and FTC submitted and found that Fruehauf had been ineligible to 
receive half the refund it had been granted. The OHA therefore 
rescinded half of Fruehauf's original refund. However, because the OHA 
also granted a supplemental refund based on the remaining gallonage, 
the successor corporation to Fruehauf was not required to repay any 
funds to the Department of Energy.

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.

Cherokee Brick Co. et al.................................  RF272-98900                                   8/27/98
General Car & Truck Leasing..............................  RF272-98964                                   8/28/98
Grumman Aerospace Corp...................................  RF272-52464                                   8/26/98
Grumman Aerospace Corp...................................  RD272-52464                            ..............
Ilene Deatherage et al...................................  RK272-01586                                   8/28/98
Morton International et al...............................  RK272-01965                                   8/28/98
Renaissance Westchester Hotel............................  RK272-04415                                   8/27/98
Twin County Service Co...................................  RG272-00151                                   8/27/98


[[Page 63468]]

Dismissals

    The following submissions were dismissed.

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                   Case No.                               Name
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Edna Schonthaler.............................  RK272-01755
John Gilmore.................................  VFA-0425
Jurischik Bros. Drywall, Inc.................  RK272-04071
Montpelier Orchard Mgmt. Co..................  RK272-04377
Star Foundation..............................  VFA-0440
Watson & Watson..............................  RK272-04572
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[FR Doc. 98-30395 Filed 11-12-98; 8:45 am]
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