[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Notices]
[Pages 43527-43528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21541]


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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 Sloan-Kettering 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

[[Page 43528]]

amount that the test could detect. Consequently, the respondent did not 
demonstrate that the drug test was invalid. As the respondent offered 
no evidence in mitigation of his drug use, the Hearing Officer found 
that his access authorization should not be restored.

Interlocutory Order

EG&G Rocky Flats, Inc., 7/11/97, VWZ-0008

    An OHA hearing officer issued a Decision and Order regarding a 
Motion for Partial Dismissal and Limitation on Scope of Complainant's 
Claims filed in a whistleblower proceeding under the provisions of 10 
C.F.R. part 708. The hearing officer determined that DOE's 
whistleblower regulations do not apply to reprisals that occurred 
before April 2, 1992, the effective date of those regulations, and 
consequently dismissed those portions of the complaint that concerned 
those reprisals. The hearing officer specified, however, that protected 
disclosures made before April 2, 1992, may have led to reprisals that 
occurred after that date, and for that reason those disclosures are 
relevant to the proceeding and evidence concerning them will be 
received. The Motion to Dismiss was, therefore, granted in part.

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.

ARCH MINERAL CORP. ET AL.................................  RG272-00503                                    7/8/97
CHICAGO MILWAUKEE CORPORATION............................  RF272-69326                                    7/8/97
CHICAGO MILWAUKEE CORPORATION............................  RD272-69326                                          
GULF OIL CORPORATION/ASSOCIATED TRANSPORT................  RF300-13114                                   7/11/97
LYLE BREDENKAMP..........................................  RF272-15943                                   7/11/97
STAR MANUFACTURING CO....................................  RF272-57065                                          
ST. JOSEPH CARE CENTER...................................  RF272-98794                                          
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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A.W. STADLER, INC./DARLING INTRNTL...........  RK272-4489               
ANDERSON CLAYTON FOODS/AC HUMKO..............  RK272-4401               
ASHY-HUTCHISON ENT., INC.....................  RK272-4472               
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[FR Doc. 97-21541 Filed 8-13-97; 8:45 am]
BILLING CODE 6450-01-P