Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 / Notices 40271

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.

Name Case No.

Personnel Security Hearing .............................................................................................................................................................. VSO–0212.

[FR Doc. 98–20126 Filed 7–27–98; 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 June 29

through July 3, 1998

During the week of June 29 through

July 3, 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. 92,

Personnel Security Hearing

Personnel Security Hearing, 7/1/98,

VSO–0200

A Hearing Officer found that an

individual had not successfully

mitigated security concerns arising from

his habitual use of alcohol and his