[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Notices]
[Pages 39854-39855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19813]


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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
June 15 Through June 19, 1998

    During the week of June 15 through June 19, 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 decision and order 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: July 16, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 90

Appeals

Godell, Stratton, Edmonds & Palmer, L.L.P., 6/17/98, VFA-0420

    DOE denied an appeal of a determination issued by the Southwestern 
Power Administration. OHA found that the search conducted was 
reasonably calculated to uncover material responsive to the request.

Lee M. Graham, 6/17/98, VFA-0236

    Lee M. Graham appealed a denial by the Albuquerque Operations 
Office of a request for information that he filed under the Freedom of 
Information Act. Albuquerque responded by stating that it could neither 
confirm nor deny the existence of records responsive to Mr. Graham's 
request. Based on its review of the nature of the request, the DOE 
determined that Albuquerque's Glomar response was appropriate. 
Accordingly, the Appeal was denied.

Personnel Security Hearing

Personnel Security Hearing, 6/18/98, VSO-0197

    A hearing officer determined that an individual had not mitigated 
security concerns concerning a diagnosis of narcissistic personality 
disorder, and a conviction for illegally intercepting oral 
communication. Accordingly, the hearing officer recommended that the 
individual's access authorization should not be restored.

Refund Applications

Enron Corp./Moon Scott Joint Venture, 6/19/98, RF340-00007

    The DOE granted a refund to the Moon Scott Joint Venture (the Joint 
Venture) for product purchased by NGL Supply, Inc. (NGL Supply) in the 
Enron Corporation (Enron) special refund proceeding. The DOE found that 
the Joint Venture possessed the right to refund of NGL Supply. The DOE 
found that NGL Supply's butane purchases from Enron were spot purchases 
and not eligible for a refund. DOE also excluded its 1973 natural 
gasoline purchases because they were made pursuant to a fixed price 
contract that was established prior to price controls. The DOE then 
found that NGL Supply had shown that it was injured by its purchases of 
natural gasoline from Enron from 1975 through 1979 and was entitled to 
a full volumetric refund. However, it limited the firm's refund for its 
Enron propane

[[Page 39855]]

purchases to volumes of propane that it purchased from Enron at above 
market prices.

Howard Cab, Inc. Hoquiam Plywood Company, INC., 6/18/98, RJ272-00061, 
RJ272-00062, RJ272-04818, RJ272-04819

    The DOE rescinded two Applications for Supplemental Refund filed by 
Federal Action, a private filing service, in the crude oil overcharge 
refund proceeding. The DOE found that Federal Action violated its 
Escrow Certification in its handling of the two supplemental refunds. 
Federal Action was ordered to repay the refund amounts to the DOE and 
the supplemental refunds were reissued directly to the Applicants.

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.

FARMLAND COOPERATIVE, INC................................  RF272-95739                                   6/17/98
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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FLORIDA......................................  VEG-0004                 
PERSONNEL SECURITY REVIEW....................  VSA-0176                 
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[FR Doc. 98-19813 Filed 7-23-98; 8:45 am]
BILLING CODE 6450-01-P