[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Notices]
[Pages 30739-30740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14973]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
March 2 Through March 6, 1998

    During the week of March 2 through March 6, 1998, 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, 950 
L'Enfant Plaza, SW, Washington, DC 20585-0107, Monday through Friday, 
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: May 20, 1998.
Thomas O. Mann,
Acting Director, Office of Hearings and Appeals.

Decision List No. 75; Week of March 2 Through March 6, 1998

Appeal

GLEN MILNER, 3/3/98, VFA-0170

    Glen Milner filed an Appeal from a denial by the Albuquerque 
Operations Office of a Request for Information that he filed under the 
Freedom of Information Act (FOIA). Because the withheld information was 
identified as classified under Executive Order 12958 and the Atomic 
Energy Act, the DOE withheld it under Exemptions 1 and 3 of the FOIA. 
In considering the information that was withheld, the DOE determined on 
appeal that a small portion of the document must continue to be 
withheld under Exemption 3, but the remainder could be released. 
Accordingly, the Appeal was granted in part and a newly redaction 
version of the requested information was ordered to be released.

Personnel Security Hearing

PERSONNEL SECURITY HEARING, 3/5/98 VSO-0183

    A Hearing Officer Opinion recommended against the grant of access 
authorization. The Opinion found that the individual had not resolved 
the security concern arising from a pattern of dishonest conduct.

Refund Applications

ENRON CORP./FERRELLGAS, INC., 3/3/98, RF340-60

    The DOE granted an Application for Refund submitted by Ferrellgas, 
Inc. (Ferrellgas) in the Enron Corporation (Enron) special refund 
proceeding. The DOE found that Ferrellgas was a reseller and retailer 
that purchased large quantities of propane and butane from Enron. The 
DOE also found that Ferrellgas' propane and butane purchases from Enron 
were not discretionary in nature, and were necessary for Ferrellgas to 
meet the supply requirements of its regular customers. The DOE found 
that Ferrellgas had demonstrated that the prices it paid to Enron for 
butane resulted in an economic injury to Ferrellgas, and granted 
Ferrellgas a full volumetric refund for its butane purchases. However, 
with respect to propane, the DOE found that Ferrellgas had not 
established a level of injury sufficient to qualify for a full 
volumetric refund. The DOE therefore limited this refund to the volume 
of propane that Ferrellgas purchased from Enron at above market prices. 
Accordingly, the DOE granted Ferrellgas a refund, including interest, 
of $347,549.


[[Page 30740]]


LAWRENCE PAPERBOARD CORPORATION, 3/3/98, RK272-04120, RK272-04178, 
RC272-00377

    The DOE issued a Decision and Order concerning competing claims to 
the right to a refund based on the purchases of Lawrence Paperboard 
Corporation. The DOE had originally granted the refund to Atlantic 
Coast Paperboard. In the instant case, the DOE learned that Atlantic 
merely purchased the assets of Lawrence Paperboard and that the assets 
did not include the right to the refund. Accordingly, the DOE rescinded 
the refund granted Atlantic. As between the two remaining claimants to 
the refund, the bankruptcy trustee on one hand, and the sole owner of 
the corporation at the time of its dissolution on the other, the DOE 
determined that the refund should be sent to the bankruptcy trustee for 
distribution to unpaid creditors. Accordingly, the request of the 
bankruptcy trustee was granted and the claim of the owner at the time 
of dissolution 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.

CITY OF RENSSELAER ELEC. DEPT. ET AL.....................  RF272-79197                                    3/3/98
JOHN RAY TRUCKING CO. ET AL..............................  RF272-76565                                    3/3/98
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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VERNON J. BRECHIN............................  VFA-0383                 
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[FR Doc. 98-14973 Filed 6-4-98; 8:45 am]
BILLING CODE 6450-01-P