[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Notices]
[Pages 31988-31989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15568]


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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 para. 
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.

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                     Name                               Case No.        
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BUCKNELL UNIVERSITY..........................  RF272-95320              
HOWARD TRUCKING CO., INC.....................  RF272-95284              

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LINDEMANN PRODUCE, INC.......................  RK272-04643              
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[FR Doc. 98-15568 Filed 6-10-98; 8:45 am]
BILLING CODE 6450-01-P