43520 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices

the public were issued in the regional

area surrounding the USAG–F.

Copies. Copies of the DEIS will be

available for review at the Aurora

Central Public Library, Aurora, CO and

USAG–F, Aurora, CO.

DATES: Written public comments and

suggestions received within 45 days of

the publication of the Environmental

Protection Agency’s Notice of

Availability for this action will be

addressed in the Final Environmental

Impact Statement.

ADDRESSES: Copies of the DEIS can be

obtained by writing to the U.S. Army

Corps of Engineers, Omaha District

Office, ATTN: Mr. Gene Sturm, 215

North 17th Street, Omaha, NE 68102–

4978, or by facsimile at (402) 221–4886.

Written comments and suggestions

should be sent to this address.

Dated: August 8, 1997.

Richard E. Newsome,

Acting Deputy Assistant Secretary of the

Army (Environment, Safety and Occupational

Health) OASA (I, L&E).

[FR Doc. 97–21442 Filed 8–13–97; 8:45 am]

BILLING CODE 3710–08–M

DEPARTMENT OF EDUCATION

Arbitration Panel Decision Under the

Randolph-Sheppard Act

AGENCY: Department of Education.

ACTION: Notice of Arbitration Panel

Decision Under the Randolph-Sheppard

Act.

SUMMARY: Notice is hereby given that on

May 28, 1996, an arbitration panel

rendered a decision in the matter of

Leslie Lessard v. Washington

Department of Services for the Blind

(Docket No. R–S/95–6). This panel was

convened by the U. S. Department of

Education pursuant to 20 U.S.C. 107d1(a), upon receipt of a complaint filed

by petitioner, Leslie Lessard.

FOR FURTHER INFORMATION CONTACT: A

copy of the full text of the arbitration

panel decision may be obtained from

George F. Arsnow, U. S. Department of

Education, 600 Independence Avenue,

S.W., Room 3230, Mary E. Switzer

Building, Washington DC 20202–2738.

Telephone: (202) 205–9317. Individuals

who use a telecommunications device

for the deaf (TDD) may call the TDD

number at (202) 205–8298.

SUPPLEMENTARY INFORMATION: Pursuant

to the Randolph-Sheppard Act (20

U.S.C. 107d-2(c)), the Secretary

publishes in the Federal Register a

synopsis of each arbitration panel

decision affecting the administration of

vending facilities on Federal and other

property.

Background

In 1978, after completing training,

Leslie Lessard, complainant, was

assigned to operate a vending facility at

the Jackson Federal Building in Seattle,

Washington, for a six-month period

while the vendor at that location was

away pursuing additional education.

In 1984, complainant learned of an

opportunity to operate several vending

machines at other Federal facilities in

the Seattle area, including the Terminal

Annex Building of the U.S. Postal

Service. Mr. Lessard discussed with the

Washington Department of Services for

the Blind, the State licensing agency

(SLA), the possibility of the SLA

obtaining a permit to operate these

vending machines. The SLA informed

the complainant that, if a permit were

to be obtained to operate the vending

machines, complainant would need to

supply the machines. The SLA secured

the permit and subsequently the

complainant purchased vending

machines for the various locations.

In 1988, the complainant began

informal discussions with the SLA

concerning the SLA’s purchase of the

complainant’s vending machines. On

January 9, 1989, the complainant sent a

letter to the SLA outlining an alleged

agreement with it to purchase his

vending machines. By letters dated May

3 and October 3, 1989, the SLA

responded. The SLA acknowledged its

awareness of the purchase option

available to it, but stated that, due to

lack of funds, it would be unable to

purchase all of the machines.

By letter dated December 12, 1989,

the SLA requested that the complainant

provide it with invoices for two vending

machines. In early 1990, the SLA

purchased six machines from Mr.

Lessard. Subsequently, by letter dated

August 24, 1992, the complainant

offered for sale to the SLA his remaining

machines and equipment. By letter

dated May 20, 1994, the SLA waived its

purchase option. On September 24,

1994, a requested State fair hearing was

held concerning this matter. A decision

was rendered on April 24, 1995, by an

Administrative Law Judge (ALJ).

The ALJ ruled that there was no

contract between the complainant and

the SLA for the sale of the machines,

notwithstanding complainant’s

assertion of an existing oral agreement

between himself and the SLA. The ALJ

further ruled that the agreement in a

transaction of this nature must be in

writing and signed by the person against

whom enforcement is being sought. The

SLA adopted the ALJ’s decision as final

agency action. Mr. Lessard sought

review of this decision by a Federal

arbitration panel. A hearing of this case

was held on May 28, 1996.

Arbitration Panel Decision

The issue before the arbitration panel

was whether, pursuant to 20 U.S.C. 107

et seq. of the Randolph-Sheppard Act,

the SLA had a contractual obligation to

purchase Mr. Lessard’s vending

machines.

The majority of the panel ruled that

the SLA never entered into an oral or

written contractual agreement to acquire

Mr. Lessard’s vending machines. The

majority of the panel further determined

that the complainant and the SLA had

never reached an understanding as to

what would be purchased, when, or for

how much, and, therefore, there was no

meeting of the minds or agreement that

was enforceable by law. According to

the panel, the SLA had merely agreed to

purchase vending machines from the

complainant on a case-by-case basis as

funds were available. Finally, the panel

noted that Washington State law

requires that a contract for the sale of

goods with a value of more than $500

must be in writing and that the statute

was applicable with respect to this

complaint because the goods at issue

were valued at more than $500.

Therefore, the majority of the panel

denied complainant’s claim in its

entirety.

One panel member dissented from the

majority opinion.

The views and opinions expressed by

the panel do not necessarily represent

the views and opinions of the U.S.

Department of Education.

Dated: August 8, 1997.

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

[FR Doc. 97–21437 Filed 8–13–97; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. OA97–645–000]

Bangor Hydro-Electric Company;

Notice of Filing

August 8, 1997.

Take notice that on July 14, 1997,

Bangor Hydro-Electric Company

(Bangor) tendered for filing pursuant to

Order No. 888–A Bangor’s Pro Forma

Open Access Transmission Tariff

compliance filing.