[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Notices]
[Pages 32875-32876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15952]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders; Week of February 16 
Through February 20, 1998

    During the week of February 16 through February 20, 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 4, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 73: Week of February 16 Through February 20, 1998

Appeals

Diane C. Larson, 2/17/98, VFA-0367

    Diane C. Larson perfected an Appeal under the Privacy Act. The 
Appellant requested that OHA review a determination issued by the 
Office of Energy Intelligence to ascertain whether an adequate search 
had been conducted for documents responsive to the Appellant's Privacy 
Act request. The Appellant also asked that OHA order the Office of the 
Inspector General (OIG) to expedite the issuance of a determination. 
OHA denied this Appeal because it found that the search conducted by 
the staff of the Office of Energy Intelligence was adequate, and that 
OHA lacked jurisdiction to review the processing of Appellant's Privacy 
Act request by the OIG.

FOIA Group, Inc., 2/18/98, VFA-0369

    FOIA Group, Inc. filed a Freedom of Information Act (FOIA) Appeal 
requesting that the Office of Hearings and Appeals of the Department of 
Energy (DOE) order the release of information withheld pursuant to 5 
U.S.C. Sec. 552(b)(4). Specifically, a DOE facility released a copy of 
a contract, but deleted certain information. In considering the Appeal, 
the DOE determined that most of the withheld information, specifically, 
annual prices, pricing and delivery terms, annual demand amounts of 
power Bonneville Power Administration would supply, and total revenue 
amounts, was commercial information within the meaning of Exemption 4. 
Thus, the DOE facility properly withheld this information. However, the 
DOE found that the DOE facility should release some withheld 
information, specifically, topic headings. Accordingly, the DOE 
remanded FOIA Group, Inc.'s Appeal to the Bonneville Power 
Administration.

Ruth Towle Murphy, 2/20/98, VFA-0371

    Ruth Towle Murphy (Murphy) filed an Appeal from a determination 
issued to her by the Manager of the Oak Ridge Operations Office 
(Manager) of the

[[Page 32876]]

Department of Energy (DOE). In her Appeal, Murphy asserted that the 
Manager improperly withheld, pursuant to Exemption 4, financial 
information from documents relating to contracts between Science 
Applications International Corporation and the DOE regarding the Office 
of Scientific and Technical Information. After reviewing the withheld 
information, the DOE determined that the information was properly 
withheld pursuant to Exemption 4. Consequently, Murphy's Appeal was 
denied.

Personnel Security Hearings

Personnel Security Hearing, 2/19/98 VSO-0173

    A Hearing Officer from the Office of Hearings and Appeals issued an 
Opinion regarding the eligibility of an individual for access 
authorization under the provisions of 10 C.F.R. Part 710. After 
considering the record, Hearing Officer found that the DOE had 
presented sufficient evidence to show that the individual had used 
cocaine on five occasions and that he used cocaine despite having 
signed a Drug Certification and knowing of the DOE and his employer's 
policies barring illegal drug use. The Hearing Officer also found that 
the individual had not presented sufficient evidence to mitigate the 
security concerns raised by his conduct. Accordingly, the Hearing 
Officer recommended that the individual's access authorization should 
not be restored.

Personnel Security Hearing, 2/19/98 VSO-0184

    A Hearing Officer found that the concern raised by an individual's 
illness or mental condition remained unresolved. Accordingly, the 
Hearing Officer recommended in the Opinion 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.

Delta Asphalt Paving Co..................................  RF272-55648                                   2/18/98
Delta Asphalt Paving Co..................................  RD272-55648                            ..............
Hancock Service Company..................................  RG272-179                                     2/18/98
Adams FS, Inc............................................  RG272-180                              ..............
LaFarge Corporation......................................  RK272-4765                                    2/19/98
LaFarge Corporation......................................  RK272-4766                             ..............
Neal Tyler & Sons, Inc...................................  RK272-4724                                    2/19/98
Gwinnett County Board of Commissioners...................  RK272-4733                             ..............
                                                                                                                

[FR Doc. 98-15952 Filed 6-15-98; 8:45 am]
BILLING CODE 6450-01-P