Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Notices 21799

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.

Atlantic Richfield Company/Carl’s Arco .................................................................................................................... RF304–15464 ... 01/23/95

Atlantic Richfield Company/North Market Arco et al ................................................................................................ RF304–13214 ... 01/23/95

Cedar Fair, L.P ......................................................................................................................................................... RF272–93563 ... 01/23/95

City of Broken Bow et al ........................................................................................................................................... RF272–84910 ... 01/27/95

Davis County Schools et al ...................................................................................................................................... RF272–86678 ... 01/25/95

Glendenning Motorways, Inc .................................................................................................................................... RF272–89025 ... 01/23/95

Wag Enterprises, Inc ................................................................................................................................................ RF272–89026 ... ...................

Hawaiian Airlines, Inc ............................................................................................................................................... RF272–98767 ... 01/25/95

Eastern Air Lines, Inc ............................................................................................................................................... RF272–98778 ... ...................

Prairie Transportation, Inc ........................................................................................................................................ RF272–95099 ... 01/27/95

Star Truck Rental Inc ................................................................................................................................................ RF272–93462 ... 01/25/95

Stoops Express ......................................................................................................................................................... RF272–82514 ... 01/25/95

Monkem Co., Inc. ...................................................................................................................................................... RF272–82515 ... ...................

Texaco Inc./Atkins’ 7–day Market ............................................................................................................................. RF321–18684 ... 01/25/95

Stop & Shop .............................................................................................................................................................. RF321–18685 ... ...................

Texaco Inc./Joe Dvornich Texaco et al .................................................................................................................... RF321–20243 ... 01/27/95

Texaco Inc./Skyline Texaco et al .............................................................................................................................. RF321–20646 ... 01/27/95

Warner & Smith Motor Freight, Inc ........................................................................................................................... RF272–89454 ... 01/27/95

Dismissals

The following submissions were dismissed:

Name Case No.

Alpha Beta Company ....................................................................................................................................................................... RF321–20365

American Western Corp ................................................................................................................................................................... RF321–20363

Austin Bridge & Road, Inc ................................................................................................................................................................ RF272–93567

Braswell Sand & Gravel Co., Inc ..................................................................................................................................................... RF272–95002

Brooks Lumber Company ................................................................................................................................................................ RF272–94277

Hamakua Sugar Company, Inc ........................................................................................................................................................ RF321–20362

Kalama Chemical, Inc ...................................................................................................................................................................... RF272–90203

Purity Dairies, Inc ............................................................................................................................................................................. RF272–97254

Singer Sewing Company .................................................................................................................................................................. RF321–20360

Stephens Contracting ....................................................................................................................................................................... RF272–95318

TFCO, Inc ......................................................................................................................................................................................... RF304–14616

Tiger Oil Co ...................................................................................................................................................................................... RF321–20500

Copies of the full text of these

decisions and orders are available in the

Public Reference Room of the Office of

Hearings and Appeals, Room 1E–234,

Forrestal Building, 1000 Independence

Avenue, S.W., Washington, D.C. 20585,

Monday through Friday, between the

hours of 1:00 p.m. and 5:00 p.m., except

federal holidays. They are also available

in Energy Management: Federal Energy

Guidelines, a commercially published

loose leaf reporter system.

Dated: April 27, 1995.

George B. Breznay,

Director, Office of Hearings and Appeals.

[FR Doc. 95–10903 Filed 5–2–95; 8:45 am]

BILLING CODE 6450–01–P

Notice of Issuance of Decisions and

Orders; Week of March 13 Through

March 17, 1995

During the week of March 13 through

March 17, 1995, the decisions and

orders summarized below were issued

with respect to appeals and applications

for exception or other relief 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.

Appeals

Casey O. Ruud, 3/16/95, VFA–0027

Casey O. Ruud filed an Appeal from

a partial denial by the Richland

Operations Office of a Request for

Information which he had submitted

under the Freedom of Information Act.

The Richland Operations Office had

released copies of two letters that were

requested, but had withheld the identity

of the writer. In considering the Appeal,

the DOE found that the writer’s name

and address were properly withheld

under Exemption 6 of the FOIA.

Robert S. Foote, 3/16/95, VFA–0024

Robert S. Foote filed an Appeal from

a determination issued to him on

January 18, 1995 by the Acting

Associate Director for Health and

Environmental Research (OHER) in the

Office of Energy Research of the

Department of Energy (DOE). In that

determination, the OHER denied in part

a request for information filed by Mr.

Foote on July 26, 1994, under the

Freedom of Information Act (FOIA). The

OHER released certain items requested

by Mr. Foote. However, it withheld

other items either in their entirety or in

part pursuant to 5 U.S.C. § 552(b)(5)

(Exemption 5). In his Appeal, Mr. Foote

challenged the OHER’s application of

Exemption 5 to the requested

information and requested that the DOE

direct the OHER to release the withheld

information. In considering the Appeal,

the Office of Hearings and Appeals

found that although in the past it has

analyzed this kind of information under

the deliberative process privilege of

Exemption 5, it is more appropriate to

apply FOIA Exemption 6 to the

withheld information. The Office of

Hearings and Appeals remanded this

Appeal to the OHER to either release the

withheld information or prepare a new

determination that explains in detail the

reasons which justify withholding the

information under Exemption 6.
21800 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Notices

Therefore, the Department of Energy

granted in part and denied in part Mr.

Foote’s Appeal.

Request for Exception

Visa Petroleum, Inc., 3/15/95, LEE–0096

Visa Petroleum, Inc., filed an

Application for Exception from the

requirement that it file Form EIA–782B,

the ‘‘Reseller’s/Retailer’s Monthly

Petroleum Product Sales Report.’’ The

applicant submitted evidence that for

the last two years, it had lost $10,000

per year. In addition, the wife of the

owner, who had been completing the

forms, had recently been diagnosed as

having cancer. Under these

circumstances, the DOE found that the

requirement that the firm submit the

reports constituted a serious hardship.

Accordingly, the firm’s Application for

Exception was granted.

Refund Applications

Shell Oil Company/Briggs

Transportation Company, Texaco

Inc./Briggs Transportation

Company, 3/16/95, RR315–13,

RR321–175

The DOE issued a Decision and Order

denying a Motion for Reconsideration

filed by LK, Inc. (LK), a filing service.

In an earlier Decision, the DOE had

rescinded two refunds granted to a

bankrupt company, Briggs

Transportation Company (Briggs) in the

Shell Oil Company and Texaco Inc.

special refund proceedings. In that

Decision, the DOE also ordered the

filing service which had filed the

Applications, LK, to repay its

commissions which it had subtracted

from the refunds. In its Motion for

Reconsideration, LK argued that DOE

does not possess the necessary authority

to order the filing service to repay these

funds. LK also argued that even if DOE

possesses this authority, LK was still

entitled to retain its commissions. In its

Decision, the DOE found that it

possesses the necessary authority to

govern the conduct of those filing

claims in its Subpart V proceedings,

including filing services. It further

found that the restitutionary purposes of

the Petroleum Overcharge Distribution

and Restitution Act of 1986 would not

be served by permitting a filing service

to recover a fee for an application in

which the refund had been rescinded.

Finally, the Decision noted that even

under general common law principles,

the filing service would not be entitled

under its contingency fee arrangement

with Briggs to recover a commission

unless Briggs received a refund, and that

Briggs cannot be considered to have

received a refund which has been

rescinded. Therefore, LK’s Motion for

Reconsideration was denied.

Texaco Inc./Airport Texaco, 3/17/95,

RR321–147, RF321–21060

The DOE issued a Decision and Order

granting a Motion for Reconsideration

filed by Ben A. Story on behalf of

Airport Texaco and rescinding a portion

of a refund previously granted to John

M. Locklier on behalf of the same

station. Documents and statements

submitted by both applicants

demonstrated that a portion of Mr.

Locklier’s previous refund was based on

purchases made by Airport Texaco

when Mr. Story was the sole proprietor

of that business, and that another

portion of Mr. Locklier’s refund was

based on purchases made by the station

during a period in which Airport

Texaco was operated as a limited

partnership of the two men. The limited

partnership arrangement at Airport

Texaco entitled Mr. Locklier to a

specific amount from the outlet’s

profits, with the balance of the profits,

if any, distributed to Mr. Story.

Accordingly, DOE determined that

dividing the refund money in the same

proportions as the profits were divided

was the most equitable solution in this

case. Accordingly, the DOE issued a

Decision and Order granting Mr. Story

a refund and rescinding a portion of the

refund granted to Mr. Locklier in

Texaco, Case Nos. RF321–3311 et al.

(May 26, 1992).

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.

Atlantic Richfield Company/Green Run Arco et al .................................................................................................... RF304–14741 .. 03/15/95

Atlantic Richfield Company/Shelton Butane Co., Inc. et al ....................................................................................... RF304–13487 .. 03/15/95

Clark Oil & Refining Corp./Lansing Ice & Fuel Company ......................................................................................... RF342–6 .......... 03/13/95

Rollins Oil Company .................................................................................................................................................. RF342–9 .......... ...................

Clark Oil & Refining Corp./Oakley & Oldfield, Inc ..................................................................................................... RF342–311 ...... 03/13/95

Cross Winds Transport, Inc ....................................................................................................................................... RF272–91991 .. 03/15/95

Gulf Oil Corporation/Crawford Garden Supplies, Inc ................................................................................................ RF300–21572 .. 03/13/95

Crawford Garden Supplies, Inc ................................................................................................................................. RF300–21824 .. ...................

Crawford Garden Supplies, Inc ................................................................................................................................. RF300–21825 .. ...................

Minnesota Power ....................................................................................................................................................... RF272–97260 .. 03/15/95

Shell Oil Company/Loiza Valley Shell Service Station .............................................................................................. RR315–8 ......... 03/15/95

Sigmor Corporation .................................................................................................................................................... RF272–93888 .. 03/13/95

Texaco Inc./Evan’s Valley Texaco et al .................................................................................................................... RF321–20402 .. 03/16/95

Texaco Inc./Phillips Texaco et al ............................................................................................................................... RF321–20208 .. 03/15/95

Dismissals

The following submissions were dismissed:

Name Case No.

A&L Texaco ........................................................................................................................................................................................ RF321–18601

City of Canton ..................................................................................................................................................................................... RF272–85687

City of Clarkston ................................................................................................................................................................................. RF272–85667

City of Warrington ............................................................................................................................................................................... RF272–85806

Dejong Service ................................................................................................................................................................................... RF272–94053

Frank Kovac’s Texaco Service ........................................................................................................................................................... RF321–05529

Hendersonville Police Dept ................................................................................................................................................................ RF272–94111

Interstate Texaco ................................................................................................................................................................................ RF321–20737

Lewis County ...................................................................................................................................................................................... RF272–85814
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Notices 21801

Name Case No.

Mullis Petroleum Co ........................................................................................................................................................................... RF321–20635

Read’s Service Station ....................................................................................................................................................................... RF300–21680

Richland Parish .................................................................................................................................................................................. RF272–85808

Roosevelt County ............................................................................................................................................................................... RF272–85784

Town of Manlius ................................................................................................................................................................................. RF272–85818

Tri-Gas & Oil Co., Inc ......................................................................................................................................................................... RF321–20657

Venable, Baetjer, and Howard, LLP ................................................................................................................................................... VFA–0028

Copies of the full text of these

decisions and orders are available in the

Public Reference Room of the Office of

Hearings and Appeals, Room 1E–234,

Forrestal Building, 1000 Independence

Avenue SW., Washington, D.C. 20585,

Monday through Friday, between the

hours of 1:00 p.m. and 5:00 p.m., except

federal holidays. They are also available

in Energy Management: Federal Energy

Guidelines, a commercially published

loose leaf reporter system.

Dated: April 27, 1995.

George B. Breznay,

Director, Office of Hearings and Appeals.

[FR Doc. 95–10900 Filed 5–2–95; 8:45 am]

BILLING CODE 6450–01–P

Office of Hearings and Appeals

Issuance of Decisions and Orders

During the Week of March 27 Through

March 31, 1995

During the week of March 27 through

March 31, 1995 the decisions and orders

summarized below were issued with

respect to appeals and applications for

other relief 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.

Appeals

David K. Hackett, 3/31/95, VFA–0032

David K. Hackett filed an Appeal from

a determination issued by the Oak Ridge

Operations Office (Oak Ridge) of the

Department of Energy. In its

determination, Oak Ridge stated that it

was providing all documents responsive

to the Appellant’s November 6, 1994

request under the Freedom of

Information Act (FOIA) which were in

the possession of Oak Ridge. In his

Appeal, the Appellant challenged the

adequacy of Oak Ridge’s search. The

DOE found that some confusion had

arisen because the Appellant had

submitted three partially overlapping

FOIA requests, and because three

different DOE offices had been assigned

to respond to the request at issue in this

Appeal. In its Decision and Order, the

DOE explained which offices were

responsible for responding to each

request and how the request at issue in

this particular case had been divided

among these offices. The DOE

concluded that there may be responsive

documents that were not identified in

the initial search and that some factual

issues needed clarification.

Accordingly, the DOE granted the

Appeal and remanded the matter to Oak

Ridge for further action.

J. Eileen Price, 3/27/95 VFA–0031

J. Eileen Price filed an Appeal from a

determination issued to her by the

Western Area Power Administration

(WAPA) of the Department of Energy.

The determination partially denied a

Request for Information which Ms. Price

submitted under the Freedom of

Information Act. Ms. Price requested

copies of all appraisal information in

her personnel file, including any

unofficial documents, notes and files

which pertained to her or her

employment in WAPA’s Loveland Area

Office beginning in October 1992. In its

determination, the WAPA provided Ms.

Price various documents responsive to

her Freedom of Information Act

Request. However, Ms. Price, in her

Appeal, argued that further responsive

documents must exist, since she had

knowledge regarding the existence of

several documents which WAPA failed

to provide to her in its response. During

its consideration of the Appeal, the DOE

was notified by WAPA that it had

discovered several documents which

might be responsive to Ms. Price’s FOIA

Request. Consequently, the DOE granted

the Appeal and remanded the matter to

WAPA for a determination on the newly

discovered documents.

Mid-Missouri Nuclear Weapons Freeze,

Inc., 3/27/95 VFA–0029

Mid-Missouri Nuclear Weapons

Freeze, Inc. (MNWF) filed an Appeal

from a denial issued to it by the FOIA/

Privacy Act Division of the Department

of Energy and a partial denial issued to

it by the Office of Nuclear Energy (DOE/

NE) of a Request for Information which

it had submitted under the Freedom of

Information Act. In considering the

Appeal, the DOE found that the Oak

Ridge Operations Office and the Office

of Nuclear Energy had conducted

searches reasonably calculated to find

the requested information, and that all

responsive documents had been

released to MNWF. The DOE also found

that MNWF had erred in believing that

the Oak Ridge Operations Office was

withholding subcontractor records. The

Appeal was therefore denied.

Physicians for Social Responsibility,

Inc., 3/29/95 VFA–0030

Physicians for Social Responsibility,

Inc. (PSR) filed an Appeal from a denial

issued to it by FOIA/Privacy Act

Division of the Department of Energy

and a partial denial issued to it by the

Office of Nuclear Energy (DOE/NE) of a

Request for Information which it had

submitted under the Freedom of

Information Act. In considering the

Appeal, the DOE found that the Oak

Ridge Operations Office and the Office

of Nuclear Energy had conducted

searches reasonably calculated to find

the requested information, and that all

responsive documents had been

released to PSR. The DOE also found

that PSR had erred in believing that the

Oak Ridge Operations Office was

withholding subcontractor records. The

Appeal was therefore denied.

Personnel Security Hearing

Rocky Flats Field Office, 3/27/95, VSO–

0008

A Hearing Officer from the Office of

Hearings and Appeals issued an

Opinion regarding the eligibility of an

individual to maintain a level ‘‘Q’’

access authorization under the

provisions of 10 CFR part 710. The

individual was alleged to have an

illness or mental condition (difficulty in

controlling his temper) of a nature that

in the opinion of a board-certified

psychiatrist causes, or may cause, a

significant defect in his judgment or

reliability. The individual was also

alleged to abuse alcohol. On January 25,

1995, an evidentiary hearing was

conducted in which a DOE-sponsored

psychiatrist and the individual testified,

along with other relevant witnesses.

After carefully examining the record of

the proceeding, the Hearing Officer

determined that the psychiatrist had

based his diagnosis in part upon

incorrect information. In addition, there