[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Notices]
[Pages 21513-21515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10756]



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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
April 3 Through April 7, 1995

    During the week of April 3 through April 7, 1995 the decisions and 
orders summarized below were issued with respect to applications for 
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.

Personnel Security Hearing

Albuquerque Operations Office, 4/4/95, VSO-0012

    An OHA Hearing Officer issued an opinion restoring the access 
authorization and PSAP authorization of a Respondent. The Respondent's 
authorizations had been suspended when it was discovered that he had 
once smoked marijuana. The Hearing Officer found that the Respondent's 
youth was a significant factor in his decision to engage in an 
experimental use of marijuana. In addition, the Hearing Officer found 
that the Respondent had shown adequate rehabilitation and growth in his 
sense of responsibility since the incident.

Refund Applications

Dalco Petroleum/Farmland Industries Inc., et al., 4/3/95, RF248-8 et 
al.

    The DOE issued a Supplemental Decision and Order concerning four 
Applications for Refund filed by purchasers of propane from Dalco 
Petroleum Inc. In an earlier Decision, the applicants were granted 
refunds from monies collected from Dalco pursuant to the terms of a 
consent order with DOE. Recently, Dalco made a supplemental payment to 
the DOE. Dalco Petroleum Inc./Farmland Industries Inc., 16 DOE 85,057 
(1987). Prior to granting supplemental refunds, DOE modified the terms 
by which the refund proceeding is conducted by increasing the small 
claims injury presumption refund ceiling from $5,000 to $10,000. In 
addition, the DOE applied a medium-range injury presumption under which 
applicants could receive a refund of 40% of their maximum potential 
refund without presenting detailed evidence of injury, subject to 
$50,000 ceiling. The supplemental refunds granted in this proceeding 
total $672,930 ($639,224 principal plus $33,706 interest). The DOE also 
stated its intention to make all residual funds in the Dalco settlement 
fund available for indirect restitution pursuant to the Petroleum 
Overcharge Distribution and [[Page 21514]] Restitution Act of 1986 as 
of September 30, 1995.

Enron Corp./Austin Hydro Gas Co., et al., 4/5/95, RF340-189, RF340-195

    The DOE issued a Decision and Order concerning refund applications 
that Austin Hydro Gas Company, Inc. (Austin) and General Development 
Utilities, Inc. (GDU) submitted in the Enron Corporation (Enron) 
special refund proceeding. The DOE found that those firms were 
retailers of Enron products who qualified for refunds under the 60% 
mid-range presumption of injury. However, the DOE found that both firms 
claimed gallonage purchased outside the refund period and that GDU had 
inadvertently overestimated its average monthly purchases by including 
a disproportionate number of winter months in its estimate. 
Accordingly, the DOE reduced the total gallonage estimates submitted by 
these firms. The DOE granted Austin and GDU a total refund of $125,396.

Texaco Inc./MAPCO, Inc., 4/5/95, RR321-152, RF321-21063

    The DOE issued a Decision and Order in the Texaco Inc. special 
refund proceeding granting a Motion for Reconsideration filed by MAPCO, 
Inc. (MAPCO) and rescinding a refund granted to MAPCO previously. In 
the Motion, MAPCO sought a refund equal to its full allocable share 
based on its purchases of Texaco propane. In support of its claim of 
injury above the medium-range presumption level, the firm submitted 
information showing the status of its cumulative banked propane cost at 
the end of the ``banking'' regulation period, as well as competitive 
disadvantage analysis for its Texaco purchases of propane. The data 
submitted showed that MAPCO had accumulated sufficient banks to justify 
a full volumetric refund, and that the firm may have experienced a 
substantial competitive disadvantage as a result of its Texaco 
purchases. Accordingly, the Motion was granted, and MAPCO received a 
total refund of $766,274 ($526,685 principal and $239,589 interest). 
However, MAPCO had previously been granted a refund in the Texaco Inc. 
special refund proceeding based on the medium-range presumption of 
injury for its Texaco propane purchases. In its Motion MAPCO chose to 
abandon the medium-range presumption of injury in its efforts to show 
injury so as to receive its full allocable share. Therefore MAPCO's 
prior refund of $50,000 plus interest was rescinded.

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/Bowers Oil Co., Inc. et al.....................  RF304-13611                 04/07/95
Gulf Oil Corporation/James River Corporation..............................  RF300-21352                 04/07/95
Gulf Oil Corporation/Ward School Bus Manufacturing, Inc...................  RF300-21387                 04/07/95
Monsanto Chemical Company.................................................  RF272-98770                 04/05/95
Monsanto Chemical Company.................................................  RF272-98771                         
Monsanto Chemical Company.................................................  RF272-98772                         
Monsanto Chemical Company.................................................  RF272-98773                         
Monsanto Chemical Company.................................................  RF272-98774                         
Monsanto Chemical Company.................................................  RF272-98821                         
Monsanto Chemical Company.................................................  RF272-98822                         
Monsanto Agrucultural Company.............................................  RC272-286                           
Parker Brothers & Company, Inc............................................  RF272-77544                 04/07/95
Pay-N-Save, Inc...........................................................  RF272-98812                 04/05/95
Shell Oil Company/St. Regis Forest Prod. Div..............................  RF315-8235                  04/05/95
Texaco Inc./Bill Boyd's Texaco et al......................................  RF321-20871                 04/03/95
Texaco Inc./Glenview Texaco...............................................  RF321-19295                 04/03/95
Greenbay Pit Stop Service.................................................  RF321-19296                         
Holiday Texaco............................................................  RF321-19297                         
Zion Pit Stop #2 Texaco...................................................  RF321-19298                         
Ravinia Texaco............................................................  RF321-19299                         
Countryside Texaco........................................................  RF321-19300                         
Pit Stop #3 Texaco........................................................  RF321-19301                         
Tower Texaco..............................................................  RF321-19302                         
North Chicago Pit Stop #4.................................................  RF321-19303                         
Texaco Inc./Lewis & Son Texaco............................................  RF321-21062                 04/03/95
Texaco Inc./Monte's Texaco #1.............................................  RF321-11318                 04/03/95
Charles William Newell....................................................  RF321-21061                         
Texaco Inc./Stewart's Texaco et al........................................  RF321-20395                 04/05/95
Texaco Inc./the Waysider et al............................................  RF321-9371                  04/03/95
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                       Name                               Case No.      
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Bamberg Texaco....................................  RF321-8230          
Better Roads Inc..................................  RF272-90949         
Bill & Bob's Texaco...............................  RF321-19939         
Bud Lord's Arco #1................................  RF304-14836         
Bud Lord's Arco #2................................  RF304-14837         
Burt's Texaco.....................................  RF321-12873         
Central Texaco....................................  RF321-5976          
Convenience Marketing Corp........................  RF321-12599         
Dewey County, OK..................................  RF272-86283         
Flowers Snack of Tennessee........................  RF272-94440         
Grant's Dairy, Inc................................  RF272-92810         
Ho Ho Kus Texaco..................................  RF321-20811         
[[Page 21515]]                                                          
                                                                        
Huntsville Utilities..............................  RF272-78672         
Lake Region Union High School.....................  RF272-96586         
Live Oak LPG......................................  RF304-14816         
Lockheed Environmental Systems & Technologies       VWD-0001            
 Company.                                                               
Mound Bayou Public Schools........................  RF272-88263         
Redmond Sand & Gravel Co..........................  RF272-98122         
Sam Denaro's Texaco Service.......................  RF321-20331         
Santee's Arco.....................................  RF304-14809         
Southside Texaco of Monroe........................  RF321-8134          
West Park Texaco..................................  RF321-11379         
Winn-Dixie Atlanta, Inc...........................  RF272-77493         
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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. 95-10756 Filed 5-1-95; 8:45 am]
BILLING CODE 6450-01-P