[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Notices]
[Pages 31989-31990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15570]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of May 
4 Through May 8, 1998

    During the week of May 4 through May 8, 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, D.C., 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: June 2, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 84 Week of May 4 Through May 8, 1998

Appeals

Air-Con, Inc., 5/4/98, VFA-0403

    Air-Con, Inc. appealed a determination issued to it by the Idaho 
Operations Office (Idaho) of the Department of Energy in which it 
asserted that Idaho failed to conduct an adequate search for various 
contract settlement documents requested pursuant to the FOIA. The DOE

[[Page 31990]]

determined that Idaho had performed an adequate search and that 
documents possessed by a subcontractor would not be subject to the 
FOIA. Consequently, the Appeal was denied.

Francis M. Kovac, 5/8/98, VFA-0404

    Francis M. Kovac appealed a determination issued to him by the Oak 
Ridge Operations Office of the Department of Energy in response to a 
Request for Information submitted under the Freedom of Information Act 
(FOIA). Mr. Kovac sought records of reimbursements to seven specified 
persons, and the Oak Ridge Operations Office's search of its 
computerized database of disbursements found no payments to the listed 
persons. In considering the Appeal, the DOE determined that the search 
performed was adequate. Accordingly, the Appeal was denied.

Personnel Security Hearings

Personnel Security Hearing, 5/6/98, VSO-0185

    A Hearing Officer issued an Opinion regarding the eligibility of an 
individual to maintain an access authorization. The Hearing Officer 
agreed with the allegations by the DOE Personnel Security Division that 
the individual (1) deliberately falsified information during two 
personnel security interviews and in written and oral statements made 
during an official investigation, and (2) engaged in unusual conduct 
that showed the individual is not honest, reliable, or trustworthy. 
Accordingly, the Hearing Officer recommended that DOE not restore the 
individual's access authorization.

Personnel Security Hearing, 5/7/98, VSO-0189

    A Hearing Officer recommended that access authorization not be 
restored to an individual who had tested positive for marijuana. The 
individual attempted to respond to security concerns raised by his use 
of marijuana by showing that his use was a one-time occurrence, and 
that he had received adequate rehabilitation. The individual's drug 
counselor testified that he had told her of an earlier use of 
marijuana, and that he would require at least an additional year and a 
half of treatment before he could be considered reformed from patterns 
of behavior that led to his use of marijuana. Accordingly, the Hearing 
Officer came to the opinion that the individual's access authorization 
should not be restored.

Personnel Security Hearing, 5/7/98, VSO-0192

    A Hearing Officer issued an opinion concerning an individual whose 
access authorization was suspended because she used marijuana in spite 
of her awareness of the DOE's drug policy prohibiting such use. The 
individual maintained that there are mitigating factors that alleviate 
the agency's security concerns and justify the restoration of her 
security clearance. The individual testified that her use of marijuana 
was an isolated occurrence. She offered her assurance that she will 
never again be involved with drugs. In addition, her Employee 
Assistance Program counselor, as well as family and friends supported 
her assurance of reformation. The Hearing Officer found that the 
individual presented sufficient mitigating circumstances to overcome 
DOE's legitimate security concerns. Accordingly, the Hearing Officer 
recommended that the individual's access authorization be restored.

Refund Application

Getty Oil Company/S.O.S. Oil Corporation, 5/4/98, RR265-4

    S.O.S. Oil Corporation sought an above volumetric refund in the 
Getty refund proceeding based upon a claim of disproportionate 
overcharge that it alleged resulted from Getty placing its retail 
outlets in an incorrect class of purchaser. After the DOE denied the 
disproportionate overcharge claim, the firm appealed to the U.S. 
District Court, which remanded the matter to the DOE for consideration 
of Ruling 1975-2 to the class of purchaser allegation. Upon remand, the 
DOE found that S.O.S. had not sustained its burden of demonstrating 
that Getty had placed its retail outlets in an incorrect class of 
purchaser. In addition, the DOE noted that S.O.S. had previously raised 
these same issues in a private action and was fully compensated for the 
alleged violations in the settlement of that action. Accordingly, the 
DOE affirmed its prior determination.

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.

ATLANTIC RICHFIELD CO./SOUTHERN RAILWAY CO...............  RF304-4106                                     5/8/98
BASS ENTERPRISES PROD. CO. ET AL.........................  RF272-95301                                    5/7/98
COCA-COLA BOTTLING CO. OF N.Y............................  RF272-98935                                    5/6/98
DENTON DEVELOPMENT CO., INC. ET AL.......................  RK272-04708                                    5/8/98
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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CRESENT COOPERATIVE ASSN.....................  RF272-98916              
FAST FREIGHT, INC............................  RF272-95264              
JOHNSTON PUBLIC SCHOOLS......................  RF272-98992              
LISBON CONTRACTORS, INC......................  RF272-98903              
ROBERT JORDAN & ASSOCIATES...................  VFA-0407                 
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[FR Doc. 98-15570 Filed 6-10-98; 8:45 am]
BILLING CODE 6450-01-P