[Federal Register Volume 63, Number 226 (Tuesday, November 24, 1998)]
[Notices]
[Pages 64959-64960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31362]


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DEPARTMENT OF ENERGY


Notice of Issuance of Decisions and Orders During the Week of 
August 10 Through August 14, 1998

Office of Hearings and Appeals
    During the week of August 10 through August 14, 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 12, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 98

Week of August 10 Through August 14, 1998

Appeals

Arnold Kramish, 8/11/98, VFA-0426

    Arnold Kramish appealed a determination of FOIA/Privacy Act 
Division of the Office of the Executive Secretariat. He had requested 
copies of all personnel records the DOE possesses

[[Page 64960]]

concerning Robert and Charlotte Serber. The DOE confirmed that no DOE 
offices possess responsive information beyond the information the DOE 
already provided to Mr. Kramish. Accordingly, the DOE denied Mr. 
Kramish's appeal.
Gary A. Davis, 8/14/98, VFA-0429

    The DOE granted a Freedom of Information Act Appeal filed by Gary 
A. Davis. Davis sought a further search for responsive documents by the 
Oak Ridge Operations Office. DOE found that Oak Ridge failed to 
adequately explain why it did not find or release a document DOE and 
had not appropriately justified the adequacy of its search. 
Accordingly, the matter was remanded to Oak Ridge.
International Brotherhood of Electrical Workers, 8/11/98 VFA-0421

    International Brotherhood of Electrical Workers appealed a 
Determination issued to it by the Savannah River Operations Office 
(SR), in response to a request under the Freedom of Information Act 
(FOIA). The Appellant sought information concerning SR's and Wackenhut 
Services, Inc.'s activities concerning a union election that the 
Appellant participated in. The Appellant argued that SR's refusal to 
release certain withheld information was improper, SR's search was 
inadequate, and that SR should have granted the Appellant a fee waiver 
or reduced its fees. The Appellant also appealed an earlier FOIA 
determination by SR of a different request. DOE found with regard to 
the earlier request that SR had correctly determined that the 
responsive records were contractor, not agency, records. DOE upheld 
SR's denial of a fee waiver, and found with the exception of some 
improper photocopying charges, most of the fees charged to be 
reasonable. DOE further found that SR had (1) made an inadequate 
determination regarding some requested videos and that it must conduct 
a further search, (2) improperly withheld a contractor-prepared 
document under Exemption 5 because it was neither intra-agency nor 
inter-agency, (3) some portions of attorney billing records were 
incorrectly withheld under Exemption 4, and (4) had made an inadequate 
determination regarding its Exemption 4 withholding of a labor 
consultant's normal rates. Accordingly, the Appeal of SR's 
determination was granted in part.

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.


American Colloid Co......................................  RK272-4531                                    8/14/98
Amertex Service Group....................................  RK272-04833                                   8/14/98
Englewood City Board of Educ et al.......................  RF272-96301                                   8/14/98
Enron Corp./Liquid Petroleum Corp........................  RR340-00006                                   8/11/98
Randolph Township Brd of Educ. et al.....................  RK272-04834                                   8/14/98
 

[FR Doc. 98-31362 Filed 11-23-98; 8:45 am]
BILLING CODE 6450-01-P