64586 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Name Case No. Date

Cape Ann Tool Co. et al ....................................................................................................................................... RF272–94520 8/28/97

City of Orlando et al .............................................................................................................................................. RF272–76387 8/25/97

Farmer’s Oil Co. of Outlook et al .......................................................................................................................... RF272–94783 8/29/97

M.R. Paving & Excavating .................................................................................................................................... RK272–04016 8/25/97

United Cooperative Assoc. et al ........................................................................................................................... RK272–01507 8/29/97

Vessels Gas Processing Co./Williams Energy ..................................................................................................... RF354–00010 8/29/97

Dismissals

The following submissions were dismissed.

Name Case No.

Farmers Elevator Co-op. Assn ......................................................................................................................................................... RF272–98982

Five Star Moving & Storage ............................................................................................................................................................. RK272–4503

[FR Doc. 97–32049 Filed 12–5–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and

Orders by the Office of Hearings and

Appeals; Week of August 18 Through

August 22, 1997

During the week of August 18 through

August 22, 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: November 26, 1997.

George B. Breznay,

Director, Office of Hearings and Appeals.

Decision List No. 47, Week of August 18

Through August 22, 1997

Appeals

Curry Contracting Co., Inc., 8/18/97

VFA–0321

Curry Contracting Co., Inc., appealed

a determination issued to it by the Oak

Ridge Operations Office. In its Appeal,

Curry asserted that Oak Ridge failed to

conduct an adequate search for OSHA

reports, award and incentive fee

contracts at the Office of Scientific and

Technical Information Building, and

reports pertaining to itself that it

requested pursuant to the FOIA. The

DOE determined that Oak Ridge had

performed an adequate search.

Consequently, Curry’s Appeal was

denied.

Information Focus on Energy, 8/19/97

VFA–0310

Information Focus on Energy, Inc.

(IFE) appealed a determination by the

Albuquerque Operations Office that

partially denied IFE’s request for

information. In considering the Appeal,

the DOE ordered the Director to either

release names withheld pursuant to

Exemption 6 or provide a detailed

explanation for withholding any such

information. Thus, the DOE granted

IFE’s Appeal.

Los Alamos Study Group, 8/18/97 VFA–

0316

The Los Alamos Study Group

appealed a determination by the

Albuquerque Operations Office (AO)

that denied a request for information

made under the Freedom of Information

Act (FOIA). In considering the Appeal,

the DOE confirmed that the AO

correctly determined that the records

the LASG sought are neither ‘‘agency

records’’ within the meaning of the

FOIA nor subject to release under the

DOE regulations. Accordingly, the DOE

denied the Appeal.

William H. Payne, 8/18/97, VFA–0315

The Department of Energy granted in

part a Privacy Act Appeal that was filed

by William H. Payne. The Director of

the Freedom of Information and Privacy

Acts Division (the Director) had denied

a request for amendment that Mr. Payne

filed pursuant to the Privacy Act

because the document that Mr. Payne

wished to amend is the property of a

DOE contractor. In the Decision, the

DOE concluded that if the document

were located in a ‘‘Privacy Act system

of records’’ pursuant to the contractor’s

agreement with the DOE, the document

would be subject to the Act, and a

decision on the merits of Mr. Payne’s

Appeal should be issued. The OHA,

therefore, remanded the matter to the

Director for a search of the Privacy Act

systems of records.

Refund Application

Enron Corporation/, Amerigas Propane,

Inc., RF340–23; Field & McGrady

Special, RF340–177; Larry’s Bottled

Gas Co., 8/21/97, RF340–71

The DOE granted an Application for

refund filed on behalf of Field &

McGrady Special in the Enron

Corporation special refund proceeding.

The DOE found that Field & McGrady

was the proper recipient of a refund

based on petroleum purchases made by

Val-Cap, Inc., a dissolved corporation.

The partners in Field & McGrady are the

same people who were the shareholders

of Val-Cap at the time of Val-Cap’s

dissolution.

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

Northeast

Cooperatiave

et al.

RK272–01486 8/21/97

Prince Bros.,

Inc. et al.

RK272–02259 8/21/97

Dismissals

The following submissions were

dismissed.
Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64587

Name Case No.

Consolidated Gas Supply

Corp.

RF340–198

Dallas Gas & Electric, Inc .. RF340–200

Four Winds Marine Service, Inc.RF272–86058

Goodwill Industries of W.

N.Y. Inc.

RK272–3405

Gulf Chartering & Marine

Services, Ltd.

RF272–74834

Personnel Security Hearing VSO–0158

Public Service Company of

NC, Inc.

RF340–199

[FR Doc. 97–32050 Filed 12–5–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and

Orders by the Office of Hearings and

Appeals; Week of July 14 Through July

18, 1997

During the week of July 14 through

July 18, 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: November 26, 1997.

George B. Breznay,

Director, Office of Hearings and Appeals.

Decision List No. 42, Week of July 14

Through July 18, 1997

Appeal

Tri-State Drilling, Inc., 7/18/97, VFA–

0304

The DOE’s Office of Hearings and

Appeals granted in part a Freedom of

Information Act Appeal filed by TriState Drilling, Inc. Tri-State sought the

release of unsuccessful bids for a

specific contract that the Bonneville

Power Administration (BPA) withheld

in their entirety. The DOE found that

BPA’s withholding was not sufficiently

explained and justified in its

determination letter. Accordingly, the

Appeal was remanded to BPA and

denied in all other aspects.

Personnel Security Hearings

Personnel Security Hearing, 7/14/97,

VSO–0128

A Hearing Officer recommended that

access authorization be restored when it

was uncontested that the individual

used an illegal drug on one occasion.

The individual’s statements that she had

only used illegal drugs on one occasion

were corroborated by independent

evidence. This evidence included the

results of twenty-one random drug tests

administered over a long period of time.

The Hearing Officer also found that it

was unlikely that the individual would

use illegal drugs again.

Personnel Security Hearing, 7/16/97,

VSO–0141

A Hearing Officer found that an

individual had successfully mitigated

security concerns arising from an

allegation that the individual had

molested his former foster child.

Accordingly, the Hearing Officer

recommended that the individual’s

access authorization be restored.

Petition for Special Redress

Philip P. Kalodner, 7/16/97, VSG–0001

Philip P. Kalodner requested a ‘‘class

fee’’ for his participation in the agency’s

enforcement proceeding against

Occidental Petroleum Corporation. The

DOE denied the request on the ground

that the purported class, Subpart V

claimants, had no cause of action or

right of intervention with respect to an

agency enforcement proceeding. The

DOE rejected Mr. Kalodner’s contention

that provisions in subparts O and V of

the DOE procedural regulations

authorized the requested fee. Finally,

the DOE rejected Mr. Kalodner’s

arguments based upon fairness.

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

Crude Oil Supple Refund.RB272–00114 .. 7/18/97

Enron Corporation/XCEL

Products Co.,

Inc.,.

RF340–203 ....... 7/16/97

Jim’s Electrical

Service et al.

RK272–04455 .. 7/18/97

Name Case No. Date

Lee FS Inc. ...... RG272–00178 .. 7/15/97

Naknek Electric

Assoc., Inc..

RJ272–45 ......... 7/16/97

Dismissals

The following submissions were

dismissed.

Name Case No.

Bethlehem Steel Corp. ...... RG272–00088

VA Medical Center ............. RF272–90205

[FR Doc. 97–32051 Filed 12–5–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and

Orders by the Office of Hearings and

Appeals; Week of September 1

Through September 5, 1997

During the week of September 1

through September 5, 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: November 26, 1997.

George B. Breznay,

Director, Office of Hearings and Appeals.

Decision List No. 49, Week of

September 1 Through September 5,

1997

Appeal

Hanford Advisory Board, 9/2/97, VFA–

0323

The Hanford Advisory Board filed an

Appeal of a Determination issued to it

in response to a request under the

Freedom of Information Act (FOIA). The

Appellant had asked for portions of a

proposal made by Fluor Daniel Hanford

(FDH). In its Determination, the