10268 Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Notices

participants include executive

summaries in their comments, and file

joint comments, wherever possible. Any

person who wishes to make a formal

presentation to the Commission should

submit a request to the Secretary of the

Commission along with the written

comments. The Commission will issue a

separate notice at a later date organizing

the public conference.

An original and 14 copies of

comments on these issues should be

submitted to the Office of the Secretary,

Federal Energy Regulatory Commission,

888 First Street, N.E., Washington, DC

20426, and should refer to Docket No.

PL97–1–000. All written comments will

be placed in the Commission’s public

files and will be available for inspection

in the Commission’s Public Reference

Room during regular business hours.

Commenters are requested to submit a

diskette containing the written

comments. If the Commission receives

diskettes with the comments submitted

in hard copy, then the Commission will

make the written comments also

available on the Commission Issuance

Posting System (CIPS). CIPS is available

at no charge to the user and may be

accessed using a personal computer

with a modem by dialing 202–208–1397

if dialing locally or 1–800–856–3920 if

dialing long distance. To access CIPS,

set your communications software to

19200, 14400, 12000, 9600, 7200, 4800,

2400, or 1200 bps, full duplex, no

parity, 8 data bits and 1 stop bit. The

full text of this order will be available

on CIPS in ASCII and WordPerfect 5.1

format. CIPS user assistance is available

at 202–208–2474. CIPS is also available

on the Internet through the Fed World

system. Telnet software is required. To

access CIPS via the Internet, point your

browser to the URL address: http://

www.fedworld.gov and select the ‘‘Go

to the FedWorld Telnet Site’’ button.

When your Telnet software connects

you, log on to the FedWorld system,

scroll down and select FedWorld by

typing: 1 and at the command line and

type: /go FERC. FedWorld may also be

accessed by Telnet at the address

fedworld.gov.

All questions concerning the format of

the conference should be directed to:

Erica J. Yanoff, Office of the General

Counsel, Federal Energy Regulatory

Commission, 888 First Street, NE.,

Washington, DC 20426, 202–208–0708.

By direction of the Commission.

Lois D. Cashell,

Secretary.

[FR Doc. 97–5535 Filed 3–5–97; 8:45 am]

BILLING CODE 6717–01–M

Notice of Issuance of Decisions and

Orders by the Office of Hearings and

Appeals; Week of February 3 Through

February 7, 1997

During the week of February 3

through February 7, 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: February 25, 1997.

George B. Breznay,

Director, Office of Hearings and Appeals.

Decision List No. 19

Week of February 3 Through February 7,

1997

Personnel Security Hearings

Personnel Security Hearing, 2/3/97

VSO–0106,

An OHA Hearing Officer issued an

Opinion regarding the eligibility of an

individual to maintain access

authorization under the provisions of 10

C.F.R. Part 710. After considering the

testimony presented at the hearing and

the record, the Hearing Officer found

that the individual habitually used

alcohol to excess and had mental

conditions (alcohol abuse and alcohol

dependency) that cause or may cause a

significant defect in judgment or

reliability. These findings were based on

the individual’s two charges of Driving

Under the Influence (DUI), his pattern of

alcohol consumption despite the

negative impact it had on his life and

the fact that such consumption violated

the terms of his probation, and the

diagnoses of two mental health

professionals, including one selected by

the individual himself. The Hearing

Officer found the Individual was not

rehabilitated or reformed from his

habitually excessive use of alcohol. The

Hearing Officer also found that there

was a security concern resulting from

other alcohol consumption-related

behavior that tended to show that the

individual was not honest, reliable or

trustworthy. However, the Hearing

Officer found that the security concerns

raised by other mental conditions

diagnosed by the DOE psychiatrist were

mitigated by the passage of time and a

more current diagnosis in which

another mental health professional

expressed his opinion that such mental

conditions were not present. Therefore,

the Hearing Officer found that those

concerns had been mitigated.

Nevertheless, because of the security

concerns based on his alcohol-related

charges, the Hearing Officer

recommended that the individual’s

access authorization not be restored.

Personnel Security Hearing, 2/3/97,

VSO–0113

An OHA Hearing Officer issued an

Opinion regarding the eligibility of an

individual to maintain access

authorization under the provisions of 10

C.F.R. Part 710. After considering the

testimony presented at the hearing and

the record, the Hearing Officer found

that the individual habitually used

alcohol to excess. This finding was

based on the individual’s two charges of

Driving Under the Influence (DUI), the

high amount of alcohol that the

individual consumed and his belief that

he had a drinking problem. Although

the individual had attended a three

month counseling program, he

continued to drink. The Hearing Officer

found the Individual was not

rehabilitated or reformed from his

habitually excessive use of alcohol. The

Hearing Officer also found the

Individual, due to his two DUI arrests,

two assault charges, two domestic

violence charges, two telephone

harassment charges, and his unreformed

drinking habitually to excess to have

engaged in unusual conduct or to have

been subject to circumstances which

tend to show that he was not honest,

reliable, or trustworthy; or which

furnished reason to believe that he may

be subject to pressure, coercion,

exploitation, or duress which may cause

him to act contrary to the best interests

of the national security. Accordingly,

the Hearing Officer recommended that

the individual’s access authorization not

be restored.

Personnel Security Hearing, 2/7/97,

VSO–0118

A Hearing Officer found that an

individual had not successfully

mitigated security concerns arising from

his provision of false information to the

DOE and a pattern of criminal and other

conduct that tended to show that the
Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Notices 10269

individual was not honest, reliable, and

trustworthy. Accordingly, the Hearing

Officer recommended in the Opinion

that the individual’s access

authorization not be restored.

Whistleblower Proceeding

Charles Barry DeLoach, 2/5/97, VWA–

0014

Charles Barry DeLoach (DeLoach), a

former employee of a Department of

Energy (DOE) contractor, Westinghouse

Savannah River Company (WSRC), filed

a request for a hearing under the DOE’s

Contractor Employee Protection

Program, 10 C.F.R., Part 708. DeLoach

claimed that he was terminated from his

job as a result of his raising issues with

his superiors regarding various health

and safety issues. WSRC claimed

DeLoach was fired for stealing

approximately $50,000 of DOE

equipment. A hearing was held in

which DeLoach and witnesses for WSRC

testified before an Office of Hearings

and Appeals Hearing Officer. On the

basis of the testimony and other

evidence in the record, the Hearing

Officer concluded that DeLoach proved

by a preponderance of the evidence that

he had made disclosures protected by

Part 708. However, the Hearing Officer

further concluded that WSRC had

proved by clear and convincing

evidence that it would have taken this

action even in the absence of DeLoach’s

disclosures. The Hearing Officer

therefore determined that DeLoach was

not entitled to any relief under 10 C.F.R.

Part 708.

Implementation of Special Refund

Procedures

Houma Oil Co., Jedco, Inc., 2/7/97,

VEF–0023, VEF–0024

The DOE issued a Decision and Order

establishing procedures for the

distribution of funds obtained from

Houma Oil Company and Jedco, Inc.

These funds were remitted by each firm

to the DOE to settle pricing violations

with respect to sales of motor gasoline.

The Decision sets forth procedures for

customers who claim they were injured

by motor gasoline purchases from

Houma Oil during the period May 1,

1979 through April 30, 1980 or from

Jedco, Inc. between November 1, 1973

and March 31, 1974. Any funds

remaining after meritorious claims are

paid will be used for indirect restitution

through the states in accordance with

the Petroleum Overcharge Distribution

and Restitution Act of 1986.

Refund Applications

Anchor Gasoline Corporation/Mid

Continent Systems, Inc., Seago

Enterprises, Inc., Atlantic Richfield

Company/Seago Enterprises, Inc.,

2/4/97, RF346–18, RF346–48,

RF304–15507

Both Seago Enterprises, Inc., and Mid

Continent Systems, Inc., filed competing

Applications for Refund in the Anchor

special refund proceeding for the same

purchases. The Anchor purchases had

been made by Seago. However, the DOE

found that Seago had merged into Mid

Continent, and consequently, the right

to the Anchor refund belonged to Mid

Continent, not to the former owner of

Seago. Accordingly, the application

filed by Mid Continent was granted and

that filed by Seago was denied. For

these same reasons, the DOE rescinded

a refund previously granted to Seago in

the ARCO special refund proceeding.

Pan Ocean Shipping Co., Ltd., 2/4/97,

RG272–381

The Department of Energy (DOE)

issued a Decision and Order (D&O)

granting an Application for Refund that

was filed by Pan Ocean Shipping Co.,

Ltd. (Pan Ocean) in the crude oil refund

proceeding. In the Decision, the OHA

approved Pan Ocean’s estimation

methodology, which was based on their

ships’’ average daily fuel consumption,

the number of days that their voyages

lasted, and the petroleum product

purchasing patterns of their vessels. Pan

Ocean was granted a refund of $184,469.

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.

AJO TRADING CORPORATION .............................................................................................................................. RJ272–35 2/4/97

BLUFF CREST, INC ................................................................................................................................................. RJ272–36 ....................

ALTAIR AIRLINES, INC ............................................................................................................................................ RG272–620 2/7/97

NORTHERN COOPERATIVE, INC. ET AL .............................................................................................................. RG272–640 2/7/97

RUDYARD COOPERATIVE COMPANY .................................................................................................................. RG272–658 2/4/97

Dismissals

The following submissions were dismissed.

Name Case No.

ENERGY MARKET & POLICY ANALYSIS, INC .............................................................................................................................. VFA–0259

ENSERCH CORPORATION ............................................................................................................................................................. RG272–00495

FARMERS UNION COOPERATIVE CO .......................................................................................................................................... RG272–00584

KUMM FARM INC ............................................................................................................................................................................ RF272–89420

L. KRUPP CONSTRUCTION CO., INC ........................................................................................................................................... RG272–00855

LANKIN FARMERS GRAIN CO ....................................................................................................................................................... RG272–00770

LYNNEDALE PLANTING CO., INC .................................................................................................................................................. RF272–89268

MIK COOP TRUCKING ASSN ......................................................................................................................................................... RG272–00896

NERSTRAND FARMERS MERC. & ELEV. CO ............................................................................................................................... RG272–00664

NEW YORK TELEPHONE COMPANY ............................................................................................................................................ RF272–89009

THE CALIFORNIA STATE UNIVERSITY ......................................................................................................................................... RF272–87979

WEST SHORE CONSTRUCTION .................................................................................................................................................... RG272–00789

XEROX CORPORATION .................................................................................................................................................................. RF272–93346
10270 Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Notices

[FR Doc. 97–5516 Filed 3–5–97; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[OPPT–00210; FRL–5592–9]

National Advisory Committee for Acute

Exposure Guideline Levels for

Hazardous Substances (NAC/AEGL);

Open Meeting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of open meeting and

chemicals to be addressed.

SUMMARY: A meeting of the National

Advisory Committee for Acute Exposure

Guideline Levels for Hazardous

Substances (NAC/AEGL) will be held on

March 17–19, 1997, in Washington, D.C.

At this meeting, the committee will

continue deliberations as time permits

on various aspects of the acute

toxicology and development of Acute

Exposure Guideline Levels (AEGLs) for

the following chemicals: ethylene oxide;

phosgene; aniline; toluene 2,6-

diisocyanate and 2,4-isomer; isopropyl

chloroformate; and hydrogen chloride.

DATES: A meeting of the NAC/AEGL will

be held from 10 a.m. to 5 p.m. on

Monday, March 17; from 8:30 a.m. to

5:00 p.m. on March 18; and from 8:30

a.m. to 11:15 a.m. on March 19, 1997.

ADDRESSES: The meeting will be held in

Hearing Room C on the first floor of the

Interstate Commerce Commission

Building, 1201 Constitution Avenue

NW, Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Dr.

Paul S. Tobin, Office of Prevention,

Pesticides, and Toxic Substances (7406),

401 M St. SW., Washington, D.C. 20460,

(202) 260–1736, e-mail:

tobin.paul@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: For

further information on the scheduled

meeting, the activities of the committee

or the submission of information on

chemicals to be discussed at the

meeting, contact Dr. Paul S. Tobin, the

Designated Federal Officer (DFO) (see

FOR FURTHER INFORMATION

CONTACT).

The meeting of the NAC/AEGL will be

open to the public. Oral presentations or

statements by interested parties will be

limited to ten minutes. Since seating for

outside observers may be limited, those

wishing to attend the meeting as

observers should contact the NAC/

AEGL DFO at the earliest possible date

to insure adequate seating arrangements.

Inquiries regarding oral presentations

and the submission of written

statements or chemical specific

information should also be directed to

the DFO.

Another meeting of the NAC/AEGL is

expected to be held in Washington, D.C.

in June, 1997. It is anticipated that

chemicals to be addressed at this

meeting will include, but not

necessarily be limited to the following:

ammonia, carbon tetrachloride, allyl

amine, ethylene imine, methyl

isocyanate, chlorine trifluoride,

diborane, methyl chloroformate, and

propyl chloroformate. Inquiries

regarding the submission of data,

written statements or chemical-specific

information on these chemicals should

be directed to the DFO at the earliest

date possible to allow for consideration

of this information in the preparation of

committee materials.

List of Subjects

Environmental protection.

Dated: February 27, 1997.

Joseph A. Carra,

Acting Director, Office of Pollution Prevention

and Toxics.

[FR Doc. 97–5684 Filed 3–5–97; 8:45 am]

BILLING CODE 6560–50–F

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Equal

Employment Opportunity Commission.

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: 62 FR 9430, Monday,

March 3, 1997.

PREVIOUSLY ANNOUNCED TIME AND DATE OF

MEETING: 2:00 p.m. (Eastern Time)

Tuesday, March 11, 1997.

CHANGE IN THE MEETING:

Open Session

Item No. 2.B. Task Force presentation

on Litigation Strategy has been removed

from the agenda.

CONTACT PERSON FOR MORE INFORMATION:

Frances M. Hart, Executive Officer, on

(202) 663–4070.

Dated: March 3, 1997.

Frances M. Hart,

Executive Officer, Executive Secretariat.

[FR Doc. 97–5602 Filed 3–3–97; 4:28 pm]

BILLING CODE 6750–06–M

FEDERAL ELECTION COMMISSION

Sunshine Act Meeting

Tuesday, March 11, 1997 at 10:00 a.m.

PLACE: 999 E Street, N.W., Washington,

DC.

STATUS: This meeting will be closed to

the public.

ITEMS TO BE DISCUSSED:

Compliance matters pursuant to 2

U.S.C. § 437g.

Audits conducted pursuant to 2 U.S.C.

§ 437g, § 438(b), and Title 26, U.S.C.

Matters concerning participation in civil

actions or proceedings or

arbitration.

Internal personnel rules and procedures

or matters affecting a particular

employee.

Thursday, March 13, 1997 at 10:00 a.m.

PLACE: 999 E Street, N.W., Washington,

DC (ninth floor).

STATUS: This meeting will be open to the

public.

ITEMS TO BE DISCUSSED:

Correction and Approval of Minutes.

Advisory Opinion 1997–01: Susan

Bevill Livingston on behalf of Tom

Bevill and the Bevill Foundation.

Petition for Rulemaking Filed by James

Bopp, Jr., on Behalf of the National

Right to Life Committee, Inc.;

Notice of Availability.

Administrative Matters.

PERSON TO CONTACT FOR INFORMATION:

Mr. Ron Harris, Press Officer,

Telephone: (202) 219–4155.

Marjorie W. Emmons,

Secretary of the Commission.

[FR Doc. 97–5729 Filed 3–4–97; 2:37 pm]

BILLING CODE 6715–01–M

FEDERAL RESERVE SYSTEM

Change in Bank Control Notices;

Acquisitions of Shares of Banks or

Bank Holding Companies

The notificants listed below have

applied under the Change in Bank

Control Act (12 U.S.C. 1817(j)) and §

225.41 of the Board’s Regulation Y (12

CFR 225.41) to acquire a bank or bank

holding company. The factors that are

considered in acting on the notices are

set forth in paragraph 7 of the Act (12

U.S.C. 1817(j)(7)).

The notices are available for

immediate inspection at the Federal

Reserve Bank indicated. Once the

notices have been accepted for

processing, they will also be available

for inspection at the offices of the Board