[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Notices]
[Pages 9429-9430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5125]


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


DEPARTMENT OF ENERGY

Notice of Issuance of Decisions And Orders During the Week of 
January 27 Through January 31, 1997

Office of Hearings and Appeals
    During the week of January 27 through January 31, 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, DC 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 21, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 18

Week of January 27 through January 31, 1997

Appeals

Consolidated Edison Company of New York, Inc., 1/28/97, VFA-0006

    The DOE denied an appeal of a utility from a determination of its 
liability to the Uranium Enrichment Decontamination and Decommissioning 
Fund established under the Energy Policy Act of 1992. The DOE 
determined that the utility was properly assessed for separative work 
it purchased in leasing uranium from the DOE and for separative work 
used to enrich excess uranium the utility provided to its nuclear fuel 
fabricator.

    Ezra A. Beattie, Sr., 1/28/97, VFA-0247

    The DOE denied a Freedom of Information Act (FOIA) Appeal filed by 
Ezra A. Beattie, Sr. Beattie sought information concerning a particular 
Office of the Inspector General (IG) investigation. The OHA found that 
the IG's withholding of the identities of individuals who had provided 
information to the IG was appropriate under FOIA Exemptions 6 and 7(C).

Eugene Maples, 1/31/97, VFA-0258

    Eugene Maples filed an Appeal from a determination issued by the 
Office of Inspector General (OIG) on November 25, 1996. The 
determination released information Mr. Maples had requested but deleted 
all personal names in that information under Exemptions 6 and 7(C). The 
DOE determined that not all of the names deleted were eligible for 
withholding under these Exemptions, because some of them were of 
persons who were neither the focus of the OIG's investigation nor 
witnesses. Therefore, the DOE granted the Appeal in part, and remanded 
the matter to the OIG to determine whether any of the names withheld 
could be released.

Request for Exception

Lepiers' Inc., 11/28/97, VEE-0034

    LePiers' Inc., filed an Application for Exception from the 
requirement that it file Form EIA-782B, entitled ``Resellers/Retailers' 
Monthly Petroleum Products Sales Report.'' The DOE found that exception 
relief was not warranted in this case, because LePiers' was not 
experiencing a special hardship, inequity or unfair distribution of 
burdens as a result of the requirement that it file the Form. 
Consequently, the DOE concluded that the Application for Exception 
filed by LePiers' should be denied.

Personnel Security Hearing

Personnel Security Hearing, 11/28/97, VSO-0101

    A Hearing Officer issued an Opinion regarding the eligibility of an 
individual to maintain an access authorization. The DOE Personnel 
Security Division alleged that the individual: (1) Deliberately 
misrepresented in a personnel security interview his use of marijuana 
and problems with prescription drugs; and (2) used, or experimented 
with drugs or other controlled substance. The DOE alleged that this 
conduct tends to show that the individual is not honest, reliable, or 
trustworthy. The Hearing Officer determined that the individual did not 
deliberately falsify information in a personnel security interview. 
However, the Hearing Officer also determined that the individual used 
an illegal drug and abused prescription medication, which indicated 
that he is not honest, reliable or trustworthy. Accordingly, the 
Hearing Officer recommended that the individual's access authorization 
not be restored.

Refund Applications

Oivind Lorentzen Shipping As, 11/27/97, RG272-613

    The DOE denied an Application for Refund filed on behalf of Oivind 
Lorentzen Shipping AS in the crude oil refund proceeding. The basis for 
the denial was the finding that the estimation method used by the firm 
to determine its petroleum product purchases during the refund period 
was not reasonable.

Wells Cargo, Inc., 11/28/97, RR272-124

    Wells Cargo, Inc., filed a Motion for Reconsideration in the Supart 
V crude oil overcharge refund proceeding. The Office of Hearings and 
Appeals had previously rescinded the firm's crude oil refund because 
the firm had waived the right to receive such a refund by participating 
as a Surface Transporter in the Stripper Well refund proceeding. The 
firm requested that the Office of Hearings and Appeals reconsider that 
rescission, contending that it should have been able to claim refunds 
in the Subpart V refund proceeding that it could not have claimed in 
the Stripper Well refund proceeding. The OHA found no merit in this 
argument, stating that this very position had already been clearly 
considered and rejected by the Temporary Emergency Court of Appeals. 
Accordingly, Wells Cargo's Motion was denied.

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.

[[Page 9430]]



Chatham Memorial Hospital................................  RJ272-33                                      1/28/97
Crude Oil Supple Ref Dist................................  RB272-00099                                   1/27/97
Dorothy and Harriet Davis................................  RK272-03695                                   1/30/97
D. R. and H. C. Davis....................................  RK272-03933                                          
D. R. and H. C. Davis....................................  RC272-00359                                          
Dorothy and Harriet Davis................................  RC272-00360                                          
Edwards Bros., Inc.......................................  RA272-76                                      1/30/97
Farm Gas Coop. Assoc. et al..............................  RG272-13                                      1/30/97
Medford Corporation......................................  RJ272-34                                      1/29/97
Texaco Inc./William Penry................................  RF321-21089                                   1/30/97
Joanna Penry.............................................  RF321-21090                                          
Thelma E. McKee et al....................................  RK272-01600                                   1/30/97
WHS, Inc.................................................  RF272-89499                                   1/30/97
                                                                                                                

Dismissals

    The following submissions were dismissed.

------------------------------------------------------------------------
                     Name                               Case No.        
------------------------------------------------------------------------
Arawak Paving Co., Inc.......................  RR272-00280              
Harold & J. E. Layton........................  RR272-00277              
Marietta Cooperative Oil Co..................  RG272-648                
Personnel Security Hearing...................  VSO-0092                 
Personnel Security Hearing...................  VSO-0110                 
Poe Asphalt Paving, Inc......................  RR272-00278              
Sankey Construction, Inc.....................  RR272-00279              
Varig Airlines...............................  RG272-626                
------------------------------------------------------------------------

[FR Doc. 97-5125 Filed 2-28-97; 8:45 am]
BILLING CODE 6450-01-P