[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Notices]
[Pages 63541-63542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31386]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
September 8 Through September 12, 1997

    During the week of September 8 through September 12, 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.


[[Page 63542]]


    Dated: November 20, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 50; Week of September 8 Through September 12, 1997

Appeals

Bruce Darrow Gaither, 9/8/97; VFA-0324
    The Department of Energy denied a Freedom of Information Act Appeal 
filed by Bruce Darrow Gaither. In his Appeal, Gaither contested the 
adequacy of the search for responsive documents performed by the DOE's 
Freedom of Information and Privacy Act Division. After reviewing the 
scope of the search, the DOE concluded that the search was adequate.
Greenpeace USA, 9/11/97; VFA-0311
    Greenpeace USA appealed a Determination issued to it in response to 
a request made under the Freedom of Information Act (FOIA) for 
information on contracts for technical assistance that DOE's Idaho 
Operations Office (ID) provided to California in the development of new 
commercial low-level radioactive waste management systems. ID withheld 
some documents under Exemptions 3, 4, and 6 of the FOIA. Material 
withheld under Exemption 3 was categorized as exempt under the National 
Defense Authorization Act of 1997 (NDAA), which generally prohibits the 
release of proposals. The DOE found on Appeal that some of the withheld 
material did not meet the NDAA's requirement of a solicitation for a 
competitive proposal. In addition, the DOE found that some material 
withheld was non-exempt. Accordingly, the Appeal was granted in part 
and the case was remanded to ID for further action.
Janice C. Curry, 9/9/97; VFA-0313
    The DOE granted an Appeal by a former DOE contractor employee for 
documents related to her employment. The DOE found that the Office of 
Environmental Management (EM) did not adequately address the basis for 
its withholding of information under FOIA Exemption 6, and that EM's 
search for responsive documents was inadequate. The matter was, 
therefore, remanded to EM.
Ralph C. Elkins, 9/12/97; VFA-0317
    Ralph C. Elkins appealed a denial by the Freedom of Information and 
Privacy Act Division of a request for his security clearance file that 
he submitted under the Privacy Act. The FOIA Division had not found the 
requested file. In considering the Appeal, the DOE found that the FOIA 
Division had conducted an adequate search for responsive documents, and 
it accordingly denied the Appeal.

Personnel Security Hearing

Personnel Security Hearing, 9/10/97; VSO-0151
    A Hearing Officer issued an Opinion regarding the eligibility of an 
individual for access authorization under the provisions of 10 C.F.R. 
Part 710. The Hearing Officer found the individual had harassed his ex-
spouse and three co-workers and that this conduct, as specified by 
Criterion L, indicated that he may not be honest, reliable or 
trustworthy or may be subject to pressure, coercion, exploitation or 
duress. The Hearing officer found that the individual had engaged in a 
number of harassing acts towards his ex-spouse and three co-workers and 
that he had not demonstrated sufficient evidence of reformation. The 
Hearing officer also found that the individual had been diagnosed by a 
psychiatrist as suffering from mixed personality disorder and 
depressive disorder and that in the psychiatrist's opinion these 
illnesses could cause a significant defect in judgment and reliability, 
as specified by Criterion H. Although the individual presented 
witnesses testifying that he did not exhibit the personality 
characteristics described by the DOE psychiatrist, the Hearing Officer 
concluded that he had not presented sufficient evidence to warrant 
rejection of the psychiatrist's opinion. Given the above findings, the 
Hearing Officer recommended that the individual's access authorization 
should not be restored.

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.
Buttler County Commission, et al: RF272-76385, 9/10/97
Crude Oil Ref. Dist.: RB272-00117, 9/11/97
Empire Gas Corp./Howe Laundry: et al: RF335-00001, 9/12/97
Estate of Victor G. Zonver et al: RK272-01788, 9/11/97
Godwin Constsruction Co. et al: RF272-98611, 9/11/97
Worley's Asphalt & Paving Co. et al: RK272-04466, 9/11/97

Dismissals

    The following submissions were dismissed.
American Building Components Co., Case No. RF272-57013
Arka, Inc., Case No. RF272-94509
Damar Worldwide, Inc., Case No. VEE-0048
Houston Slag Materials Company, Case No. RK272-04476
Midwest Paving Company, Case No. RG272-00836

[FR Doc. 97-31386 Filed 11-28-97; 8:45 am]
BILLING CODE 6450-01-P