[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Notices]
[Pages 21516-21517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10758]



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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Issuance of Decisions and Orders; Week of March 20 through March 
24, 1995

    During the week of March 20 through March 24, 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

National Security Archive, 3/24/95, LFA-0297

    National Security Archive filed an Appeal from a denial by the 
Department of Defense of a request for information that it filed under 
the Freedom of Information Act (FOIA). The information had been 
withheld by the predecessor to the DOE's Office of Declassification as 
classified material under Exemptions 1 and 3 of the FOIA. After 
considering the matter, the DOE determined that all of previously 
withheld material could now be released. Accordingly, the Appeal was 
granted.

Richard J. Levernier, 3/21/95, VFA-0025

    Richard J. Levernier filed an Appeal from a determination issued by 
the Manager of the Department of Energy's Rocky Flats Office (DOE/RF), 
in response to a request for information under the Freedom of 
Information Act (FOIA). Levernier sought records of telephone 
conversations between himself and personnel of Wackenhut Services, 
Inc., a DOE contractor. In his Appeal, Levernier challenged the 
adequacy of DOE/RF's search for records. In considering the Appeal, the 
DOE found that, because the DOE/RF FOIA Officer consulted each of the 
offices at DOE/RF that were likely to possess the records, including 
the offices that Levernier stated had reviewed the documents, her 
search was reasonably calculated to uncover the records sought by the 
Appellant. Accordingly, the Appeal was denied.

Robert L. Hale, 3/20/95, VFA-0026

    The Department of Energy issued a Decision and Order denying a 
Freedom of Information Act Appeal filed by Robert L. Hale. In his 
Appeal, Mr. Hale contested the adequacy of the search for responsive 
documents performed by the DOE's Oak Ridge Operations Office. After 
conducting its own inquiry into the scope of the search, the DOE 
concluded that the search was adequate. Mr. Hale's Appeal was therefore 
denied.

Personnel Security Hearings

Albuquerque Operations Office, 3/22/95, VSO-0011

    A Hearing Officer 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 of a nature that in the opinion of a board-
certified psychiatrist causes, or may cause, a significant defect in 
her judgment or reliability. On February 15, 1995, an evidentiary 
hearing was conducted in which a DOE-sponsored psychiatrist and the 
individual's psychiatrist testified, along with other relevant 
witnesses. After carefully examining the record of the proceeding, the 
Hearing Officer determined that although the individual suffers from 
recurrent major depression, her psychiatric profile, type of 
depression, work record and efforts at rehabilitation indicate to him 
that she is not a risk to national security. Accordingly, the Hearing 
Officer found that the individual's access authorization should be 
reinstated.

Albuquerque Operations Office, 3/23/95, VSO-0013

    An OHA Hearing Officer issued an opinion concerning the access 
authorization of an individual whose security clearance was suspended 
because he tested positive for marijuana use and also because he lied 
on a DOE form, stating that he had not used illegal drugs. The Hearing 
Officer found that the individual was rehabilitated from 
[[Page 21517]] his drug use, but had not shown rehabilitation from the 
falsification. Accordingly, the Hearing Officer determined that the 
individual's clearance should not be restored.

Refund Application

Gulf Oil Corporation/Hilltop Auto Laundry, 3/23/95, RF300-15647

    Hilltop Auto Laundry filed an Application for Refund in the Gulf 
Oil Corporation (Gulf) special refund proceeding. Hilltop requested an 
above-volumetric refund based on Gulf's alleged breach of 1972 
franchise and supply agreements. The conduct cited by Hilltop was 
Gulf's termination of the franchise arrangement, Gulf's use of a 
substitute supplier, and Hilltop's receipt of less product than 
provided for under the 1972 contract. In considering Hilltop's 
Application, the DOE noted that refunds are granted based on alleged or 
actual regulatory violations, not alleged breaches of contractual 
agreements. The DOE determined that Hilltop had not demonstrated that 
the conduct in question violated the regulations. Accordingly, the 
Application was denied.

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.

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                             Name                                           Case No.                   Date     
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Skilo Mfg. Inc...............................................  RC272-285........................        03/22/95
Texaco Inc./Dave & Jack's Texaco Service, Inc................  RF321-20885......................        03/22/95
Millcrest Texaco.............................................  RF321-20914......................                
White's Texaco...............................................  RF321-20931......................                
Texaco Inc./Lake Street Texaco et al.........................  RF321-572........................        03/24/95
Texaco Inc./Six Points Texaco................................  RF321-15920......................        03/22/95
Southside Texaco.............................................  RR321-159........................                
Texaco Inc./Spiros Karamalegos et al.........................  RF321-7550.......................        03/24/95
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Dismissals

    The following submissions were dismissed:

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                Name                               Case No.             
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Agipcoal USA, Inc...................  RF272-95020                       
Airport Limousine Service, Inc.       RF272-91666                       
American Western Corporation........  RF272-67861                       
Benzie County.......................  RF272-86933                       
Clipper's Texaco....................  RF321-18913                       
Felix M. Rivera Rivera..............  RF315-9352                        
Gibson Texaco.......................  RF321-18974                       
Hardy Gulf..........................  RF300-21714                       
John Morrell & Co...................  RF272-96573                       
Luis B. Cruz........................  RF315-9337                        
McConnell Texaco....................  RF321-10849                       
Nevada Operations Office............  VSO-0022                          
Rafael Torres Diaz..................  RF315-9342                        
Stanley Cain........................  RF321-8985                        
Villa Prade Auto Service............  RF315-9347                        
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    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 21, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-10758 Filed 5-1-95; 8:45 am]
BILLING CODE 6450-01-P