[Federal Register Volume 63, Number 144 (Tuesday, July 28, 1998)]
[Notices]
[Page 40271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20126]



[[Page 40271]]

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DEPARTMENT OF ENERGY


Notice of Issuance of Decisions and Orders by the Office of 
Hearings and Appeals During the Week of June 22 Through June 26, 1998

    During the week of June 22 through June 26, 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.

    Date: July 20, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 91

Appeals

Michael J. Ravnitzky, 6/22/98 VFA-0188 
    Michael J. Ravnitzky filed an Appeal from a denial by the 
Albuquerque Operations Office of a request for information that he 
filed under the Freedom of Information Act (FOIA). Because the withheld 
information was identified as classified and Unclassified Controlled 
Nuclear Information (UCNI) under the Atomic Energy Act, Albuquerque 
withheld it at the direction of the Office of Declassification under 
Exemption 3 of the FOIA. In considering the information that was 
withheld, the DOE determined on appeal that a small portion of the 
document must continue to be withheld as classified information under 
Exemption 3, but the remainder, including the information previously 
withheld as UCNI, could be released. Accordingly, the Appeal was 
granted in part and a newly redaction version of the requested 
information was ordered to be released.

Personnel Security Hearing

Personnel Security Hearing, 6/25/98 VSO-0199
    An OHA Hearing Officer issued an Opinion regarding the eligibility 
of an individual to be granted access authorization under the 
provisions of 10 CFR Part 710. After considering the testimony 
presented at the hearing and the record, the Hearing Officer first 
found that the individual has a mental condition which causes or may 
cause a significant defect in her judgment or reliability. This finding 
was based on the DOE consultant psychiatrist's diagnosis of borderline 
personality disorder. However, the Hearing Officer found that the DOE 
consultant psychiatrist's diagnosis of cannabis abuse was not well-
founded and that the individual's attention deficit disorder was not 
causing and would not cause a significant defect in her judgment or 
reliability. The Hearing Officer also found that the individual's two 
suicide attempts, arrests for negligent use of a firearm and violation 
of a restraining order, and her one-time use of marijuana demonstrated 
that she had engaged in unusual conduct or to have been subject to 
circumstances which tend to show that she was not honest, reliable, or 
trustworthy; or which furnished reason to believe that she may be 
subject to pressure, coercion, exploitation, or duress which may cause 
her to act contrary to the best interests of the national security. 
Accordingly, the Hearing Officer recommended that the individual not be 
granted access authorization.

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.

Brewster Central School et al...........................  RF272-95345                                    6/26/98
Crude Oil Supplemental Dist.............................  RB272-00137                                    6/22/98
Walter L. Burnham et al.................................  RK272-04784                                    6/22/98
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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Personnel Security Hearing...................  VSO-0212.                
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[FR Doc. 98-20126 Filed 7-27-98; 8:45 am]
BILLING CODE 6450-01-P