Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64585

Name Case No. Date

Hart Well Drilling Co ............................................................................................................................................. RG272–00876 ........................

P.Q. Corporation ................................................................................................................................................... RG272–00941 ........................

Mrs. Annabelle Bressler et al ................................................................................................................................ RK272–01328 5/19/97

Nortar, Inc. (F/K/A/ American Tar Co) .................................................................................................................. RC272–00364 5/23/97

Nortar, Inc ............................................................................................................................................................. RK272–03941 ........................

Pioneer Talc Co./Zemex ....................................................................................................................................... RK272–04426 5/23/97

Schaeffer Trucking, Inc ......................................................................................................................................... RG272–93 5/20/97

Township of Montclair et al ................................................................................................................................... RF272–86026 5/19/97

Yvonne Van Pembrook et al ................................................................................................................................. RK272–01753 5/19/97

Dismissals

The following submissions were dismissed.

Name Case No.

Empire Drilling Company .................................................................................................................................................................. RD272–65942

Emulsion Products ............................................................................................................................................................................ RD272–67919

Gardner Industries ............................................................................................................................................................................ RD272–67920

Honeywell, Inc ................................................................................................................................................................................... RD272–67216

Lock Joint Tube, Inc ......................................................................................................................................................................... RK272–4341

Morgan County, Missouri .................................................................................................................................................................. RF272–86015

Nox-Crete, Inc ................................................................................................................................................................................... RR272–00101

[FR Doc. 97–32048 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 25 Through

August 29, 1997

During the week of August 25 through

August 29, 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, S.W., 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. 48

Week of August 25 through August

29, 1997

Appeal

Burlin Mckinney, 8/28/97, VFA–0322

The DOE granted in part and denied

in part an appeal of withholding of

documents at DOE’s Y–12 plant in Oak

Ridge, Tennessee that relate to

beryllium. The DOE found that the

determination of DOE’s Oak Ridge

Operations Office, that it could not

justify the high costs and burdensome

effort to review the records, was

inadequate in light of the requirements

of the Freedom of Information Act and

the DOE regulations. The DOE therefore

remanded the case to the Oak Ridge

Operations Office for a new

determination releasing the documents

or explaining the basis for withholding

information with specific reference to

one or more FOIA exemptions.

Personnel Security Hearing

Personnel Security Hearing, 8/29/97,

VSO–0147

An Office of Hearings and Appeals

Hearing Officer issued an opinion

against restoring the security clearance

of an individual whose clearance had

been suspended because the Department

of Energy had obtained derogatory

information that fell within 10 CFR

710.8(k)(1). In reaching his conclusion,

the Hearing Officer found that the

individual had used methamphetamine

and had not shown reformation. In

addition, the Hearing Officer found that

current inconsistencies in the

individual’s testimony support the

charge that the individual is not being

honest, reliable and trustworthy within

the meaning of 10 CFR 710.8(1).

Refund Application

Vessels Gas Processing Co./Farmland

Industries, Inc., 8/27/97, RF354–

00009

The DOE issued a Decision and Order

concerning an Application for Refund

filed by Farmland Industries, Inc.

(Farmland), an agricultural cooperative.

Farmland sought a portion of the

settlement fund obtained by the DOE

through a Consent Order settlement

with Vessels Gas Processing Co. The

DOE granted Farmland a total refund of

$338,343 ($217,221 principal plus

$121,122 interest).

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.
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.