[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Notices]
[Pages 13992-13993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7070]


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DEPARTMENT OF ENERGY


Notice of Issuance of Decisions and Orders by the Office of 
Hearings and Appeals; Week of October 26 Through October 30, 1998

    During the week of October 26 through October 30, 1998, the 
decisions and orders summarized below were

[[Page 13993]]

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., 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: March 15, 1999.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 109, Week of October 26 through October 30, 1998

Appeals

Tod N. Rockefeller, 10/28/98, VFA-0447 

    Tod N. Rockefeller (Rockefeller), through his attorney, requested 
documents from DOE's Albuquerque Operations Office (AL) under the FOIA, 
and also asked that AL waive all fees. AL denied the request for a fee 
waiver, stating that the disclosure of the information was not in the 
public interest and that the request, since it was made by an attorney, 
was made for the attorney's commercial interest. Because Rockefeller 
had not shown an ability to disseminate the information to the public, 
the Office of Hearings and Appeals (OHA) concluded that the request was 
not in the public interest. However, OHA also noted that there was no 
evidence that the request was made for the attorney's commercial 
interest. Accordingly, the Appeal was denied.

Personnel Security Hearing

Personel Security Hearing, 10/29/98, VSO-0209

    An Office of Hearings and Appeals Hearing Officer issued an opinion 
against restoration of the security clearance of an individual whose 
clearance had been suspended because the Department had obtained 
derogatory information that fell within 10 C.F.R. 710.8(k) & (1). In 
reaching his conclusion, the Hearing Officer found that the individual 
had failed to make a showing of mitigating facts and circumstances 
sufficient to overcome DOE's security concerns.

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.

Arrow Trucking Co........................................  RF272-95745                                  10/27/98
William P. Johnson.......................................  RK272-04853                                  10/27/98
Russell Hosiery Mill.....................................  RK272-04855
Johnston Industries Alabama..............................  RK272-04857
Marilyn Barnes...........................................  RK272-04859
Putnam Asphalt Corp......................................  RK272-04864
 

Dismissals

    The following submissions were dismissed.

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                  Name                               Case No.
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Personnel Security Hearing.............  VSO-0239
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[FR Doc. 99-7070 Filed 3-22-99; 8:45 am]
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