43526 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices

Environmental Assessment (FEA) for

the project. The project, which is

located near Monroe City, in Sevier,

County, Utah, diverts water from three

tributaries of Monroe Creek: Shingle

Creek, First Lefthand Fork of Monroe

Creek, and Serviceberry Creek.

In the FEA, the Commission’s staff

has analyzed the potential

environmental impacts of the project

and has concluded that approval of the

project, with appropriate environmental

protective measures, would not

constitute a major federal action that

would significantly affect the quality of

the human environment.

Copies of the FEA are available for

review in the Public Reference Branch,

Room 2A, of the Commission’s offices at

888 First Street, N.E., Washington, D.C.

20426.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 97–21484 Filed 8–13–97; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Office of Hearings and Appeals

Notice of Cases Filed During the Week

of June 30 Through July 4, 1997

During the Week of June 30 through

July 4, 1997, the appeals, applications,

petitions or other requests listed in this

Notice were filed with the Office of

Hearings and Appeals of the Department

of Energy.

Any person who will be aggrieved by

the DOE action sought in any of these

cases may file written comments on the

application within ten days of

publication of this Notice or the date of

receipt of actual notice, whichever

occurs first. All such comments shall be

filed with the Office of Hearings and

Appeals, Department of Energy,

Washington, D.C. 20585–0107.

Dated: August 6, 1997.

George B. Breznay,

Director, Office of Hearings and Appeals.

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS

[Week of June 30 through July 4, 1997]

Date Name and location of applicant Case No. Type of submission

July 1, 1997 ............ David R. Berg, Washington, DC .............. VFA–0306 Appeal of an Information Request Denial. If Granted: The

May 28, 1997 Freedom of Information Request Denial issued by the DOE would be rescinded, and David R. Berg

would receive access to certain DOE information.

Do. ................... The Cincinnati Enquirer, Cincinnati, Ohio VFA–0307 Appeal of an Information Request Denial. If Granted: The

June 13, 1997 Freedom of Information Request Denial issued by the Ohio Field Office would be rescinded, and The

Cincinnati Enquirer would receive access to certain DOE

information.

Do. ................... The Times News, Twin Falls, Idaho ........ VFA–0305 Appeal of an Information Request Denial. If Granted: The

June 12, 1997 Freedom of Information Request Denial issued by the Idaho Operations Office would be rescinded,

and The Times News would receive access to certain DOE

information.

July 2, 1997 ............ Greenpeace, Washington, DC ................ VFA–0308 Appeal of an Information Request Denial. If Granted: The

June 10, 1996 Freedom of Information Request Denial issued by the Office of General Counsel would be rescinded,

and Greenpeace would receive access to certain DOE information.

[FR Doc. 97–21540 Filed 8–13–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Office of Hearings and Appeals

Notice of Issuance of Decisions and

Orders During the Week of June 30

Through July 4, 1997

During the week of June 30 through

July 4, 1997, 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 this decision

and order are available in the Public

Reference Room of the Office of

Hearings and Appeals, Room 1E–234,

Forrestal Building, 1000 Independence

Avenue, S.W., Washington, D.C. 20585–

0107, Monday through Friday, between

the hours of 1:00 p.m. and 5:00 p.m.,

except federal holidays. The decision is

also available in Energy Management:

Federal Energy Guidelines, a

commercially published loose leaf

reporter system and on the Office of

Hearings and Appeals World Wide Web

site at http://www.oha.doe.gov.

Dated: August 6, 1997.

George B. Breznay,

Director, Office of Hearings and Appeals.

Decision List No. 40

Week of June 30 Through July 4, 1997

Appeals

Information Focus on Energy, 7/3/97,

VFA–0300

The Department of Energy (DOE)

issued a Decision and Order (D&O)

granting in part a Freedom of

Information Act (FOIA) Appeal that was

filed by Information Focus on Energy

(IFOE). In its Appeal, IFOE requested

that the DOE review a fee waiver

determination issued by the FOIA

Officer at the Ohio Field Office. In that

determination, the Officer found that

IFOE was a ‘‘commercial use’’ requester

for purposes of assessing fees, and that

the fee waiver request should be denied

because IFOE’s commercial interests

outweighed the public interest in

release of the requested material. In the

Decision, the DOE found that IFOE

should be classified as a ‘‘representative

of the news media’’ for fee

determination purposes. The DOE

further concluded that because the

commercial interest of a news media

requester cannot be taken into account

in fee waiver decisions, the Officer’s

determination cannot be upheld. The

DOE therefore remanded the matter to

the Ohio Field Office for a new waiver

determination.
Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices 43527

International Brotherhood of Electrical

Workers, 6/30/97, VFA–0299

The International Brotherhood of

Electrical Workers (IBEW) filed an

Appeal from a determination issued to

it on April 28, 1997, by the Savannah

River Operations Office (SR) of the

Department of Energy (DOE). That

determination was issued in response to

a request for information submitted by

IBEW under the Freedom of Information

Act. The request sought material

regarding union-related activities at SR.

SR issued two determinations regarding

this request on October 10, 1996, and

November 8, 1996, and IBEW appealed

SR’s final responses to the Office of

Hearings and Appeals (OHA) on

December 12, 1996. In those

determinations, SR partially granted

IBEW’s request for information and

released numerous documents

responsive to IBEW’s request. On

Appeal, IBEW clarified its initial request

and OHA remanded the clarified request

back to SR for a further search for

responsive documents. SR issued a

determination which stated that it

conducted a search of its files and found

no additional documents responsive to

IBEW’s clarified request. This Appeal

challenged the adequacy of the search

conducted by SR. In considering the

Appeal, the DOE found that SR

conducted an adequate search which

was reasonably calculated to discover

documents responsive to IBEW’s

request. Accordingly, the Appeal was

denied.

Personnel Security Hearing

Personnel Security Hearing, 7/3/97,

VSO–0133

A Hearing Officer found that an

individual had not successfully

mitigated security concerns arising from

his pattern of irresponsible behavior

that tended to show that the individual

was not honest, reliable, and

trustworthy. Accordingly, the Hearing

Officer recommended in the Opinion

that the individual’s access

authorization not be restored.

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.

F. HURLBUT CO. LIQUIDATING PAR, ET AL .................................................................................................. RK272–03407 6/30/97

LOIS A. SKALLERUD, ET AL ............................................................................................................................. RK272–1967 7/2/97

RANDY CAPE, ET AL .......................................................................................................................................... RK272–04185 7/2/97

REGAL MARINE, INC, ......................................................................................................................................... RG272–608 6/30/97

Dismissals

The following submissions were dismissed.

Name Case No.

DIAMOND SHAMROCK, INC ........................................................................................................................................................... RF340–00150

ELITE AMBULANCE & MEDICAL COACH ...................................................................................................................................... RK272–04490

[FR Doc. 97–21539 Filed 8–13–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and

Orders During the Week of July 7

Through July 11, 1997

Office of Hearings and Appeals

During the week of July 7 through July

11, 1997, 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, Room 1E–234,

Forrestal Building, 1000 Independence

Avenue, SW, Washington, D.C. 20585–

0107, Monday through Friday, between

the hours of 1:00 p.m. and 5:00 p.m.,

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: August 6, 1997.

George B. Breznay,

Director, Office of Hearings and Appeals.

Department of Energy

Decision List No. 41, Week of July 7

Through July 11, 1997

Appeals

Mary J. Griffin Barnett, 7/8/97, VFA–

0303

Mary J. Griffin Barnett filed an Appeal

from a determination issued to her by

the Oak Ridge Operations Office. In her

Appeal, Barnett asserted that Oak Ridge

failed to conduct an adequate search for

medical records requested pursuant to

the FOIA. After reviewing the matter,

the DOE determined that Oak Ridge had

performed an adequate search.

Consequently, Barnetts’s Appeal was

denied.

Pedro Aponte Vazquez, 7/11/97, VFA–

0302

Pedro Aponte Vazquez filed an

Appeal from a determination issued to

him by the Chicago Operations Office.

In his Appeal, Aponte asserted that the

operations office failed to conduct an

adequate search for records related to

total body irradiation experimentation

conducted at Memorial Hospital

(predecessor to Memorial SloanKettering Institute) between 1945 and

1959. After reviewing the matter, the

DOE determined that an adequate

search had been performed.

Consequently, Aponte’s Appeal was

denied.

Personnel Security Hearing

Personnel Security Hearing, 7/7/97,

VSO–0109

A Hearing Officer issued an Opinion

regarding the eligibility of an individual

to retain an access authorization. A drug

test administered to the respondent was

positive for marijuana. The respondent

alleged that there must have been some

problem with the drug test because he

had been taking a prescription

medication at the time that contained

codeine which was not detected by the

drug test. The Hearing Officer found

that the small amount of codeine in the

medication might have been below the