Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44471

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS

[Week of July 21 through July 25, 1997]

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

7/21/97 ....... Egan & Associates, P.C. Washington,

DC.

VFA–0318 Appeal of an Information Request Denial. If Granted: The July 9, 1997

Freedom of Information Act Request Denial issued by the Office of Executive Secretariat would be rescinded, and Egan & Associates, P.C. would

receive access to all documentation submitted to or sent by any Department of Energy Headquarters office pertaining to Envirocare of Utah, Inc.,

or Waste Control Specialists LLC of Pasenda, Texas.

7/21/97 ....... Los Alamos Study Group, Santa Fe,

New Mexico.

VFA–0316 Appeal of an Information Request Denial. If Granted: The June 16, 1997

Freedom of Information Act Request Denial issued by the Albuquerque

Field Office would be rescinded, and Los Alamos Study Group would receive access to lists of all Los Alamos National Laboratory’s contractors,

consultants, associates, and fellows for the calendar year l996 and the

amount paid to them.

7/21/97 ....... Ralph C. Elkins, Sugar Grove, Ohio .. VFA–0317 Appeal of an Information Request Denial. If Granted: The June 27, 1997

Privacy Act Request Denial issued by the Office of Executive Secretariat

would be rescinded, and Ralph C. Elkins would receive access to all of

his records.

7/22/97 ....... Willard Oil Company, Inc.,

Spartanburg, SC.

VEE–0047 Exception to the Reporting Requirements. If Granted: Willard Oil Company,

Inc. would not be required to file Form EIA–782B ‘‘Resellers’/Retailers’

Monthly Petroleum Product Sales Report.’’

7/21/97 ....... William H. Payne, Albuquerque, NM .. VFA–0315 Appeal of an Information Request Denial. If Granted: The June 23, 1997

Privacy Act Request Denial issued by the Office of Executive Secretariat

would be rescinded, and a privacy record would be amended.

7/24/97 ....... National Security Archive, Washington, DC.VFA–0319 Appeal of an Information Request Denial. If Granted: The June 2, 1997,

Freedom of Information Act Request Denial issued by the Department of

Defense would be rescinded, and National Security Archive would receive

access to information withheld from ‘‘MIRV: A Brief History of Minuteman

and Multiple Re-entry Vehicles,’’ dated February 1976.

7/25/97 ....... Personnel Security Hearing ................ VSO–0167 Personnel Security Hearing. If Granted: An individual employed by the Department of Energy would receive a hearing under 10 C.F.R. part 710.

7/25/97 ....... Personnel Security Hearing ................ VSO–0168 Personnel Security Hearing. If Granted: An individual employed by the Department of Energy would receive a hearing under 10 C.F.R. part 710.

7/25/97 ....... Personnel Security Hearing ................ VSO–0169 Personnel Security Hearing. If Granted: An individual employed by the Department of Energy would receive a hearing under 10 C.F.R. part 710.

[FR Doc. 97–22188 Filed 8–20–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Notice of Cases Filed With the Office

of Hearings and Appeals

Week of July 28 through August 1, 1997

During the Week of July 28 through

August 1, 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, DC 20585–0107.

Dated: August 14, 1997.

George B. Breznay,

Director, Office of Hearings and Appeals.

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS

[Week of July 28 Through August 1, 1997]

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

7/29/97 ....... Citizen Action, Washington, DC ......... VFA–0320 Appeal of an Information Request Denial. If Granted: Citizen Action would

receive a determination regarding its Freedom of Information Request

and access to certain DOE information.

7/30/97 ....... Curry Contracting Co., Inc., College

Park, Georgia.

VFA–0321 Appeal of an Information Request Denial. If Granted: The June 30, 1997

Freedom of Information Request Denial issued by the Oak Ridge Operations Office would be rescinded, and Curry Contracting Co., Inc. would

receive access to (1) copies of OSHA Reports filed against the Department of Energy at the OSTI Building for the past three years; (2) copies

of reports on Curry Contracting Co., Inc.; and (3) copies of Award Fee/Incentive Fee contracts for the past three years.

7/30/97 ....... Vessels Gas Processing Co., Denver,

Colorado.

VFX–0012 Supplemental Order. If Granted: The volumetric factor in the Vessels Gas

Processing Co. Special refund proceeding will be changed from $0.0185

to $0.0261.
44472 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS—Continued

[Week of July 28 Through August 1, 1997]

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

7/31/97 ....... Personnel Security Review ................. VSA–0132 Request for Review of Opinion under 10 C.F.R. part 710. If Granted: The

June 10, 1997 Opinion of the Office of Hearings and Appeals, Case No.

VSO–0132, would be reviewed at the request of an individual employed

by the Department of Energy.

8/1/97 ......... Burlin McKinney, Oliver Springs, Tennessee.VFA–0322 Appeal of an Information Request Denial. If Granted: The July 23, 1997

Freedom of Information Request Denial issued by Oak Ridge Operations

Office would be rescinded, and Burlin McKinney would receive access to

certain DOE information.

[FR Doc. 97–22189 Filed 8–20–97; 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 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.

Name Case no. Date

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 ............................... ................

Dismissals

The following submissions were dismissed.