31988 Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 / Notices

(2) an approximately 100-foot-long by

80-foot-wide brick powerhouse attached

to the spillway on the south bank of the

St. Joseph River having 3 horizontal

shaft 4-Francis turbines (2 camelback

pairs) with a 3.44 megawatts installed

capacity; (3) 6, 9-foot six-inch diameter

concrete draft tube tunnels transitioning

to 10-foot-high 6-foot-wide openings;

and (4) other appurtenances.

k. With this notice, we are initiating

consultation with the Indiana State

Historic Preservation Officer (SHPO), as

required by § 106, National Historic

Preservation Act, and the regulations of

the Advisory Council on Historic

Preservation, 36 CFR 800.4.

l. Under Section 4.32(b)(7) of the

Commission’s regulations (18 CFR

4.32(b)(7)), if any resource agency,

SHPO, Indian Tribe, or person believes

that the applicant should conduct an

additional scientific study to form an

adequate, factual basis for a complete

analysis of this application on its merits,

they must file a request for the study

with the Commission, together with

justification for such request, not later

than 60 days after the application is

filed, and must serve a copy of the

request on the applicant.

David P. Boergers,

Acting Secretary.

[FR Doc. 98–15525 Filed 6–16–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Office of Hearings and Appeals

Notice of Issuance of Decisions and

Orders During the Week of February 2

Through February 6, 1998

During the week of February 2

through February 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, 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. 71, Week of February

2 Through February 6, 1998

Appeals

Hanford Education Action League,

2/2/98, VFA–0217

Hanford Education Action League

appealed a denial by the Richland

Operations Office of a request for

information that it filed under the

Freedom of Information Act (FOIA).

Because the withheld information was

identified as classified under the

Atomic Energy Act, the DOE withheld it

under Exemption 3. The DOE

determined on appeal that the

information was no longer classified

and released an unredacted version.

Accordingly, the Appeal was granted.

The Oregonian, 2/3/98, VFA–0368

The Department of Energy granted a

Freedom of Information Act (FOIA)

Appeal filed by the Oregonian of a

determination issued by the Bonneville

Power Administration (BPA) that

documents relating to litigation

expenses were exempt from mandatory

disclosure pursuant to the attorney work

product and attorney-client privileges

encompassed by Exemption 5. The DOE

found that the documents contained

some information that was properly

withheld, but that information relating

to travel, copying, courier and shipping

expenses was improperly withheld. The

DOE remanded this matter to the BPA

for further review and for the

segregation and release of non-exempt

material.

Personnel Security Hearing

Personnel Security Hearing, 2/6/98,

VSO–0181

A Hearing Officer issued an Opinion

regarding the eligibility of an individual

to maintain access authorization. The

Hearing Officer found that the

individual had been appropriately

diagnosed with a mental illness

affecting his judgment and reliability

and was habitually using alcohol to

excess. Accordingly, the Hearing Officer

recommended that the individual’s

access authorization not be restored.

Refund Application

Primerica Corporation, 2/6/98, RR272–

00300, RR272–00301, RF265–02888

The DOE denied reconsideration of

Primerica Corp., 26 DOE ¶ 85,050

(1997), which determined that Primerica

was not entitled to a refund for the

American Can Company business or for

American Can’s interest in Chemplex. In

considering Primerica’s request for

reconsideration, the DOE determined

that American Can (i) transferred the

can business assets, including the right

to the refund, to a third party, and (ii)

did not retain the right to the refund for

Chemplex when it sold to a third party

the stock of the American Can

subsidiary which owned Chemplex.

Finally, the DOE determined a refund

granted to Primerica in the Getty Oil

Company refund proceeding should be

rescinded.

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.

ALABAMA HIDE TALLOW CO. ET AL ............................................................................................................. RF272–94128 2/6/98

ATLANTIC RICHFIELD CO./JOPPA FOOD STORE ET AL .............................................................................. RF304–14124 2/6/98

CRUDE OIL SUPPLE REF DIST .......................................................................................................................... RB272–00132 2/2/98

GULF OIL CORPORATION/G.J. FOOD CENTER INC ....................................................................................... RF300–13634 2/3/98

JOHN DEHNER, INC ET AL ................................................................................................................................ RK272–03539 2/6/98

WARREN LYONS ET AL ..................................................................................................................................... RK272–1980 2/6/98

Dismissals

The following submissions were dismissed.

Name Case No.

BUCKNELL UNIVERSITY ................................................................................................................................................................ RF272–95320

HOWARD TRUCKING CO., INC ...................................................................................................................................................... RF272–95284
Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 / Notices 31989

Name Case No.

LINDEMANN PRODUCE, INC ......................................................................................................................................................... RK272–04643

[FR Doc. 98–15568 Filed 6–10–98; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Office of Hearings and Appeals

Notice of Issuance of Decisions and

Orders During the Week of February 9

Through February 13, 1998

During the week of February 9

through February 13, 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. 72 Week of February

9 Through February 13, 1998

Appeal

Marjorie A. Jillson, 2/11/98, VFA–0366

Marjorie A. Jillson appealed a

determination issued to her by the

Freedom of Information and Privacy Act

Division (FOIA Division) of the

Department of Energy concerning a

request for information she filed

pursuant to the Privacy Act. The FOIA

Division found no records responsive to

Ms. Jillson’s request. In considering her

Appeal, the DOE found that the FOIA

Division had adequately searched all the

systems of records under its control that

might reasonably be expected to contain

the material sought by Ms. Jillson.

Accordingly, the Appeal was denied.

Personnel Security Hearing

Personnel Security Hearing, 2/9/98,

VSO–0178

A Hearing Officer found that the

individual (1) had made false statements

to the DOE and the OPM, (2) had been

appropriately diagnosed as alcohol

dependent, and (3) suffered from

alcohol dependence which affected his

judgment and reliability. The individual

failed to prove rehabilitation.

Accordingly, the Hearing Officer

recommended that the individual’s

access authorization not be restored.

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.

BREWER PRODUCTS, INC. ................................................................................................................................. RF272–93953 2/11/98

DONALD R. CLAUNCH ....................................................................................................................................... RG272–00766 2/11/98

DONALD R. CLAUNCH ....................................................................................................................................... RG272–00767

DR. PEPPER, 7-UP, ROYAL CROWN BOTT. CO ............................................................................................... RK272–04734 2/11/98

JOANNE MCCARTY ET AL ................................................................................................................................ RK272–04698 2/11/98

Dismissals

The following submissions were dismissed.

Name Case No.

WAVECREST MANAGEMENT ........................................................................................................................................................ RF272–97795

[FR Doc. 98–15569 Filed 6–10–98; 8:45 am]

BILLING CODE 6450–01–P

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