[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Notices]
[Pages 18112-18113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9521]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders; Week of March 3 
Through March 7, 1997

    During the week of March 3 through March 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, 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: April 4, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 23--Week of March 3 Through March 7, 1997

Appeals

Sheet Metal Workers' International Association, 3/5/97, VFA-0268

    Sheet Metal Workers' International Association (Appellant) filed an 
Appeal of a Determination issued to it by the Department of Energy 
(DOE) in response to a request under the Freedom of Information Act 
(FOIA). In the request, the Appellant asked for apprentice registration 
forms and certified payroll records generated in connection with a 
contract to build a Clean Room. In its Determination, Oak Ridge 
Operations Office (Oak Ridge) found that the DOE

[[Page 18113]]

did not have any responsive documents in its possession. On appeal, the 
Appellant argued that the DOE must possess such documents because the 
Clean Room contract was a construction contract and under the Davis-
Bacon Act, the agency was required to keep such records. The Office of 
Hearings and Appeals (OHA) found that the Clean Room contract had been 
classified as a service contract not covered by the Davis-Bacon Act. 
Therefore, OHA upheld Oak Ridge's Determination that the agency did not 
possess responsive documents. The OHA also found that the agency did 
not own any responsive documents under contract. Therefore, the DOE 
denied the Appeal.

Personnel Security Hearings

Personnel Security Hearing, 3/5/97, VSO-0114

    A Hearing Officer found that an individual had not successfully 
mitigated security concerns arising from his providing false 
information and his pattern of keeping certain of his behavior secret. 
These behaviors tended to show that the individual was not honest, 
reliable, and trustworthy. Accordingly, the Hearing Officer recommended 
in the Opinion that the individual's access authorization not be 
restored.

Personnel Security Hearing, 3/6/97, VSO-0115

    A Hearing Officer found that an individual had not successfully 
resolved security concerns arising from her mental illness. The 
behavior associated with her mental illness, including an attempted 
suicide, indicated that the mental illness causes a significant defect 
in the individual's judgment and reliability. Although the individual 
is now participating in a therapeutic program, she has not participated 
long enough to provide assurance that defects in her judgment and 
reliability will not recur. Accordingly, the Hearing Officer 
recommended in the Opinion that the individual's access authorization 
not be restored.

Refund Application

Kathleen Lanier, 3/7/97, RK272-4201

    The DOE denied a supplemental crude oil refund application filed by 
Kathleen Lanier. The OHA determined that Ms. Lanier had no legally 
cognizable relationship to the original refund applicant, Golden Dawn 
Foods, Inc.

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.

Apex Oil Co/Clark Oil Co/et al/Wright Industries, Inc....  RF342-00047                                    3/7/97
Brink's Incorporated.....................................  RF272-86049                                    3/7/97
Crude Oil Supple Ref Dist................................  RB272-00102                                    3/3/97
Daniel Ruiz..............................................  RJ272-31                                       3/3/97
Effingham Equity et al...................................  RG272-3                                        3/3/97
Indiana Brass, Incorporated..............................  RK272-04127                                    3/3/97
J.B. Talley & Co., Inc. et al............................  RK272-4093                                     3/4/97
Nora Lee Elkins et al....................................  RK272-4064                                     3/3/97
V.F. Warner & Son et al..................................  RF272-97275                                    3/7/97
Virgil's, Inc. et al.....................................  RF272-86613                                    3/3/97
W.E. Bartholow & Son Const...............................  RJ272-26                                       3/3/97
W.E. Bartholow & Son Const...............................  RJ272-27                                       3/3/97
W.E. Bartholow & Son Const...............................  RJ272-28                                       3/3/97
W.E. Bartholow & Son Const...............................  RJ272-29                                       3/3/97
W.E. Bartholow & Son Const...............................  RJ272-30                                       3/3/97
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                      Name                               Case No.       
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Borough of Cornwall............................  RF272-86140            
Brader Hauling Service, Inc....................  RR272-283              
Citizen Action.................................  VFA-0269               
City of Bedford Heights........................  RF272-86092            
Owen's Oil Service.............................  RF342-225              
Ramsey Trucking, Inc...........................  RK272-4038             
Rio Stores, Inc................................  RK272-3824             
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[FR Doc. 97-9521 Filed 4-11-97; 8:45 am]
BILLING CODE 6450-01-P