[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Notices]
[Pages 32203-32204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15723]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders; Week of April 27 
Through May 1, 1998

    During the week of April 27 through May 1, 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, 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. 83; Week of April 27 through May 1, 1998

Appeals

Diane C. Larson, 4/30/98, VFA-0405

    The DOE denied a Freedom of Information Act (FOIA) Appeal filed by 
Diane C. Larson. Larson sought the release of names withheld from 
investigative files released to her by the DOE's Office of the 
Inspector General. In its decision, the DOE found that the withholding 
of the names was appropriate under FOIA Exemptions 6 and 7(C).

Eva Glow Brownlow, 4/30/98, VFA-0397

    Eva Glow Brownlow appealed a determination issued to her by the 
Albuquerque Operations Office (AL) that denied a request for 
information she filed under the Freedom of Information Act (FOIA). In 
her Appeal, Ms. Brownlow contended that AL improperly withheld the 
requested information from disclosure under Exemption 5, of the FOIA. 
The DOE found that AL properly applied Exemption 5, and concluded that 
the release of the document would not be in the public interest. 
Consequently, the Appeal filed by Ms. Brownlow was denied.

McGraw-Hill Companies, 4/28/98, VFA-0398

    The DOE denied a Freedom of Information Act (FOIA) Appeal that was 
filed by McGraw-Hill Companies (McGraw-Hill). In its Appeal, McGraw-
Hill contested the adequacy of the search for responsive documents 
carried out by the DOE's Office of Civilian Radioactive Waste 
Management. The DOE found that the search was adequate.

Tamara L. Mix, 4/27/98, VFA-0394

    Tamara L. Mix (Mix) appealed a determination issued to her by the 
Oak Ridge Operations Office (OR). In her Appeal, Mix asserted that OR 
failed to conduct an adequate search for various Oak Ridge community 
relations documents she sought pursuant to a Freedom of Information Act 
Request. The DOE determined that OR had conducted an adequate search 
for documents responsive to Mix's Request. Consequently, Mix's Appeal 
was denied.

Whistleblower Proceeding

Daniel Holsinger, VWC-0001; K-Ray Security, Inc., 4/27/98, VWC-0002

    Upon remand by the Deputy Secretary, the Director of the OHA 
considered whether K-Ray Security, Inc., a subsequent contractor, 
should be required to reinstate Daniel Holsinger, who was terminated by 
a prior DOE contractor after making a disclosure protected under 10 
CFR, Part 708 (Contractor Employee Protection Program). After 
considering all the equities involved, and in particular the important 
goals of Part 708, the Director found that K-Ray had not shown that it 
would experience any undue burden if it were required to reinstate 
Holsinger for one eight-hour shift per week.

Refund Application

Gulf Oil Corp./Amerigas Propane, Inc., RR300-00292; Gulf Oil Corp./
Utility Propane Co., 4/28/98, RF300-21843

    The DOE granted a Motion for Reconsideration filed by Amerigas 
Propane, Inc. (Amerigas) in the Gulf refund proceeding. The DOE had 
previously determined that Utility Propane Co., rather than Amerigas 
was entitled to a refund based on the purchases of Utility Propane. 
Upon reconsideration, the DOE determined that the sale and purchase 
agreement between Utility Propane and Amerigas contained sufficiently 
broad language to transfer the right to the refund to Amerigas. 
Accordingly, the refund granted to Utility Propane was

[[Page 32204]]

rescinded, and a refund was granted to Amerigas.

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.

Advance Publications, Inc................................  RR272-00305                                   4/28/98
McCann-Shields Paint Co..................................  RF272-94052                                    5/1/98
N. Central Local Schl Dist. et al........................  RF272-95741                                    5/1/98
Pritchard & Van Zandt et al..............................  RK272-04794                                   4/30/98
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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William H. Payne.............................  VFA-0408                 
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[FR Doc. 98-15723 Filed 6-11-98; 8:45 am]
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