[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Notices]
[Pages 44472-44473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22187]


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DEPARTMENT OF ENERGY

 Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
July 21 Through July 25, 1997

    During the week of July 21 through July 25, 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 14, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

DECISION LIST NO. 43

Appeals

Barton J. Bernstein, 7/21/97, VFA-0117

    Barton J. Berstein filed an Appeal from a denial by the Albuquerque 
Operations Office of a request for information that he filed under the 
Freedom of Information Act (FOIA). Because the withheld information was 
identified as classified under the Atomic Energy Act, the DOE withheld 
it under Exemption 3 of the FOIA. In considering the information that 
was withheld, the DOE determined on appeal that the majority of the 
information must continue to be withheld under Exemption 3. However, 
more precise redaction permitted the DOE to release a portion of the 
previously withheld material. Accordingly, the Appeal was granted in 
part.

Nevada Indian Environmental Coalition, 7/21/97, VFA-0303

    The Nevada Indian Environmental Coalition (NIEC) filed an Appeal 
from a determination issued to it by the Director of the Office of the 
Executive Secretariat (Director) of the Department of Energy (DOE). In 
its Appeal, NIEC asserted that the Director failed to conduct an 
adequate search for documents, which were requested pursuant to the 
FOIA. The documents pertained to the transportation of spent nuclear 
fuel from foreign sources across the northern part of Nevada. After 
reviewing the search that was conducted, the DOE determined that 
additional responsive documents may exist which were not provided to 
NIEC. Consequently, NIEC's Appeal was granted.

Personnel Security Hearing

Personnel Security Hearing, 7/25/97, VSO-0138

    A Hearing Officer recommended that access authorization be restored 
to an individual whose access was suspended when he entered a plea of 
no contest to a charge of having unlawful sexual intercourse with a 
minor. At the hearing, the individual brought forward testimony from a 
number of witnesses showing that he had not engaged in sexual 
intercourse with the underage complainant and had entered a plea of no 
contest to avoid the risks and burdens of a criminal trial.

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.

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                   Name                          Case no.         Date  
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Garuda Indonesia Airways..................  RA272-77.........    7/24/97
Gulf Oil Corporation/Cox Brothers et al...  RF300-13404......    7/24/97
Gulf Oil Corporation/Phillips Gulf Service  RF300-20137......    7/22/97
Lembke Construction Co., Inc. et al.......  RK272-04477......    7/25/97
Polish Ocean Lines et al..................  RG272-195........    7/21/97
Robert Defilippis et al...................  RK272-2000.......    7/25/97
The Byerlite Company......................  RF272-97060......    7/25/97
West Penn Power Company...................  RG272-633........    7/22/97
Wion Sales and Service....................  RK272-040........    7/24/97
Wion Sales and Service....................  RC272-00365......  .........
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Dismissals

    The following submissions were dismissed.

[[Page 44473]]



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                     Name                               Case No.        
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Buckeye Village Market, Inc..................  RF272-98782              
Dealers Transit, Inc.........................  RF272-98679              
Linden Butane................................  RF300-18415              
Linden Butane................................  RF300-18790              
National Applicators, Inc....................  RK272-04463              
The Times-News...............................  VFA-0305                 
Wales Transportation, Inc....................  RR272-00296              
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[FR Doc. 97-22187 Filed 8-20-97; 8:45 am]
BILLING CODE 6450-01-U