[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Notices]
[Pages 63468-63469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30411]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
October 5 through October 9, 1998

    During the week of October 5 through October 9, 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. 106

Appeals

Baker, Donelson, Bearman, & Caldwell, 10/9/98, VFA-0443

    The Department of Energy's Office of Hearings and Appeals (OHA) 
issued a decision granting a Freedom of Information Act (FOIA) Appeal 
filed by the law firm of Baker, Donelson, Bearman, & Caldwell (Baker). 
Baker sought the release of information withheld under Exemption 4 of 
the FOIA by the Department's Golden Field Office (Golden). The OHA 
found that Golden had failed either to provide an adequate 
justification for withholding the requested document in its entirety, 
or to release segregable material. The matter was therefore remanded to 
Golden.

Missouri River Energy Services, 10/9/98, VFA-0444

    Missouri River Energy Services (Missouri) filed an Appeal from a 
determination issued by the Department of Energy's Western Area Power 
Administration (WAPA). WAPA denied a request for information that 
Missouri filed under the Freedom of Information Act (FOIA). In its 
Appeal, Missouri asserted that WAPA failed to: (1) produce an index of 
the documents it provided and indicate whether it segregated non-exempt 
material from those documents; (2) specifically identify the exemption 
applicable to each withheld document; (3) provide an adequate 
justification for applying Exemptions 4 and 5 to each of the withheld 
documents; and (4) provide sufficient information in its determination 
to permit Missouri to make a meaningful appeal. The DOE found that WAPA 
failed to identify the exemption applicable to each withheld document 
and to provide an adequate justification for withholding documents 
under FOIA Exemptions 4 and 5. Consequently, the Appeal filed by 
Missouri was granted and remanded to WAPA to issue another, more 
detailed 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.


CJC Leasing, Inc., et al.................................  RC272-00393                                   10/5/98
Curtis Hoskins, Jr., et al...............................  RF272-96326                                   10/5/98
Davis Paint Co...........................................  RF272-53572                                   10/5/98
Eunice & Ronald Meilstrup, et al.........................  RF272-95300                                   10/5/98
Highland Superstores.....................................  RK272-04846                                   10/8/98

Dismissals

    The following submissions were dismissed.

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                   Case No.                               Name
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City of Willoughby Hills.....................  RF272-83042
Dakota Barge Service.........................  RK272-04535
Dexter Corp..................................  RK272-04823
Gallup McKinley Cnty. Schools................  RF272-83056
Granite Island Group.........................  VFA-0442
Personnel Security Hearing...................  VSO-0228
Personnel Security Hearing...................  VSO-0235
Putnam Asphalt Co............................  RK272-04824

[[Page 63469]]

Raffie & Swanson, Inc........................  RG272-00134
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[FR Doc. 98-30411 Filed 11-12-98; 8:45 am]
BILLING CODE 6450-01-P