[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Notices]
[Page 12637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6585]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders by the Office of 
Hearings and Appeals; Week of February 24 through February 28, 1997

    During the week of February 24 through February 28, 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: March 7, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 22; Week of February 24 Through February 28, 1997

Appeals

Fried, Frank, Harris, Shriver & Jacobson, 2/24/97, VFA-0263

    Fried, Frank, Harris, Shriver & Jacobson (Fried) filed an Appeal 
from a determination by the DOE's Albuquerque Operations Office (AOO). 
In that determination, the AOO partially granted a request for 
information under the Freedom of Information Act (FOIA), 5 U.S.C. 
Sec. 552, as implemented by the DOE in 10 CFR Part 1004. In considering 
the Appeal, the DOE confirmed that the AOO mistakenly did not include a 
copy of a contract modification when it released a copy of the 
contract. Accordingly, the DOE ordered the AOO to release a copy of the 
contract modification. The DOE also found that, since Section 821 of 
the National Defense Authorization Act does not bar the release of 
proposal information that has been incorporated into a contract, 
Exemption 3 does not apply in this case as a reason to withhold the 
proposal in its entirety. Therefore, the DOE remanded this case to the 
AOO to release the proposal information incorporated into the awarded 
contract or to provide a detailed justification for withholding.

Lois Blanche Vaughan, 2/25/97, VFA-0264

    The DOE issued a Decision and Order denying a Freedom of 
Information Act Appeal that was filed by Lois B. Vaughan. In her 
Appeal, Ms. Vaughan challenged the adequacy of the search for 
responsive documents that was conducted by the DOE's Oak Ridge 
Operations Office (DOE/OR) in response to Ms. Vaughan's FOIA request. 
Ms. Vaughan requested documents dated from 1948 through 1968. In the 
Decision, the DOE found that DOE/OR conducted a reasonable search for 
responsive documents. Accordingly, the Appeal was denied.

Martha J. Mcneely, 2/25/97, VFA-0265

    Martha J. McNeely filed an Appeal from a determination issued to 
her by the DOE's Richland Operations Office (Richland). In her Appeal, 
Ms. McNeely asserted that Richland had failed to conduct an adequate 
search pursuant to the Privacy Act for her medical and dental records. 
The DOE determined that Richland had performed an adequate search. 
However, since Ms. McNeely provided additional information in her 
Appeal, in which she claimed to have participated in human radiation 
experimentation studies, the matter was remanded to the DOE 
Headquarters Freedom of Information and Privacy Group so that a search 
could be made for relevant documents.

Refund Application

Allied Signal, Inc., 2/25/97, RR272-247

    The DOE partially granted a Motion for Reconsideration filed on 
behalf of Allied Signal, Inc., in the crude oil overcharge refund 
proceeding conducted under 10 CFR Part 205, Subpart V. Allied Signal's 
Motion requested a refund for its purchases of cumene during the crude 
oil refund period. The DOE found that cumene is not an eligible product 
in this proceeding. However, Allied Signal showed, through price 
escalation clauses in its contracts for cumene purchases, that it 
incurred the crude oil overcharges which are presumed in the benzene 
component of cumene. Therefore, Allied Signal was granted a refund 
based on the number of benzene gallons used in the production of the 
cumene it purchased.

Refund Appications

    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.

CRUDE OIL SUPPLEMENTAL REFUND DIST.......................  RB272-00103                                   2/25/97
FRANKLIN COUNTY COOPERATIVE..............................  RK272-04183                                   2/25/97
LONG BROTHERS ROOFING & WATER ET AL......................  RK272-03508                                   2/25/97
MELVIN BOOTS.............................................  RK272-03346                                   2/25/97
ALLEN BOOTS..............................................  RK272-03358                            ..............
ALLEN BOOTS..............................................  RK272-03347                            ..............
R.W. MILLER & SONS, INC. ET AL...........................  RG272-00816                                   2/26/97
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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BURKE GRADING & PAVING, INC..................  RG272-988                
CASS-CLAY CREAMERY, INC......................  RG272-692                
FAIRMOUNT CHEMICAL CO........................  RG272-1003               
JOHNSON PAVING CO., INC......................  RG272-986                
VARIETY WHOLESALERS, INC.....................  RK272-4199               
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[FR Doc. 97-6585 Filed 3-14-97; 8:45 am]
BILLING CODE 6450-01-P