[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Notices]
[Pages 48084-48085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24222]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders; Week of July 28 
Through August 1, 1997

    During the week of July 28 through August 1, 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: September 3, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 44--Week of July 28 Through August 1, 1997

Appeals

The Cincinnati Enquirer, 7/29/97, VFA-0307

    The Cincinnati Enquirer (Appellant) filed an Appeal concerning its 
request under the Freedom of Information Act (FOIA). The Appellant had 
requested documentation for all sole-source contracts at the Fernald 
Environmental Management Project (FEMP). The DOE's Ohio Field Office 
(DOE/OFO) released some documents but found that other documents were 
owned by FEMP's management and operating contractor, Fluor Daniel 
Fernald (FDF). On appeal, the Appellant argued that FDF is an agency 
and that the withheld documents are agency records. The DOE rejected 
both of these arguments and found that the documents were not subject 
to release under DOE regulations. Accordingly, the Appeal was denied.

Personnel Security Hearings

Personnel Security Hearing, 7/31/97 VSO-0146

    An Office of Hearings and Appeals Hearing Officer issued an opinion 
regarding the eligibility of an individual employed by a contractor at 
a DOE facility to maintain an access authorization under the provisions 
of 10 CFR Part 710. The individual's access authorization had been 
suspended because the individual had consumed alcohol habitually to 
excess in the past. The Hearing Officer found that the individual had 
mitigated the concerns raised by the DOE with respect to his alcohol 
use by presenting documentary and testimonial evidence indicating that

[[Page 48085]]

his alcohol problem was in remission and that he did not need further 
rehabilitation. Accordingly, the Hearing Officer recommended that the 
individual's access authorization be restored.

Personnel Security Hearing, 7/30/97 VSO-0152

    An Office of Hearings and Appeals Hearing Officer issued an Opinion 
under 10 CFR Part 710 concerning the continued eligibility of an 
individual to hold an access authorization. The Hearing Officer found 
that the individual: (1) Had deliberately misrepresented, falsified, or 
omitted significant information during a personnel security interview, 
in responding to an official inquiry on a matter regarding his 
eligibility for DOE access authorization; (2) had a mental condition of 
a nature which caused, and may continue to cause, a significant defect 
in judgment or reliability; and (3) had engaged in unusual conduct 
which tended to show that the individual is not honest, reliable, or 
trustworthy. The Hearing Officer further found that the individual had 
failed to mitigate the legitimate security concerns of DOE relating to 
these matters. Accordingly, the Hearing Officer recommended that the 
individual's access authorization, which had been suspended, not be 
restored.

Motion for Reconsideration

Greenville Automatic Gas Co., Inc., 7/30/97 VER-0002
    Greenville Automatic Gas Co., Inc. filed a Motion for 
Reconsideration of a Decision denying its Application for Exception 
from the Energy Information Administration requirement that it file 
Form EIA-782B, the ``Resellers'/Retailers'' Monthly Petroleum Product 
Sales Report.'' In considering Greenville's Motion, the DOE found that 
the firm had not demonstrated that completing the form would cause it 
to experience a serious hardship or gross inequity. Accordingly, the 
Motion for Reconsideration was denied.

Refund Application

Chesebrough-Pond's USA Co., 7/29/97 RF272-97101

    The DOE issued a Decision and Order considering an Application for 
Refund in the crude oil overcharge proceeding filed by Chesebrough-
Pond's USA Co. (CP). The DOE rejected a refund claim based on CP's 
purchases of petrolatum, finding that the firm did nothing more than 
heat and cool that substance in order to turn it into Vaseline. As 
such, the DOE found that CP was a reseller of petrolatum and not an 
end-user. The DOE did approve the firm's refund request based on 
purchases of motor gasoline and motor oil that it used in its vehicles. 
The total refund granted was $930,063.

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.

CAPELETTI BROTHERS, INC. ET AL...........................  RF272-98602                                   7/30/97
COLTRANS, INC............................................  RA272-78                                      7/30/97
ENRON CORPORATION/NEBRASKA PUBLIC POWER DIST.............  RF340-196                                     7/29/97
UNITED LP GAS CORPORATION................................  RF340-201                                            
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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CITIZEN ACTION...............................  VFA-0320                 
DEGUSSA CORPORATION..........................  RG272-00577              
DUVAL ASPHALT PRODUCTS INC...................  RG272-00574              
HAARMANN & REIMER CORP.......................  RG272-00575              
PERSONNEL SECURITY HEARING...................  VSO-0160                 
PERSONNEL SECURITY HEARING...................  VSO-0165                 
PERSONNEL SECURITY HEARING...................  VSO-0169                 
SANDORE LANE GARDENS.........................  RG272-00576              
ST. AUGUSTINE TRAWLERS, INC..................  RF272-57064              
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[FR Doc. 97-24222 Filed 9-11-97; 8:45 am]
BILLING CODE 6450-01-P