27102 Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Notices

procedural regulations. For purposes of

the regulations, the date of service of

notice is deemed to be the date of

publication of this Notice or the date of

receipt by an aggrieved person of actual

notice, whichever occurs first. All such

comments shall be filed with the Office

of Hearings and Appeals, Department of

Energy, Washington, D.C. 20585.

Dated: May 15, 1995.

George B. Breznay,

Director, Office of Hearings and Appeals.

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS

[Week of March 27 through March 31, 1995]

Date Name and Location of Applicant Case No. Type of Submission

3/27/95 ............ Idaho Operations Office Idaho Falls, Idaho VSO–0026 Request for Hearing Under 10 C.F.R., Part 710. If granted: An individual whose security clearance was suspended by the Idaho Operations Office would receive a

hearing under 10 C.F.R. Part 710.

3/27/95 ............ State of California, Sacramento, California . RM23–288 Request for Modification/Rescission in the Charter Oil

Company Second Stage Refund Proceeding. If granted:

The March 12, 1990 Decision and Order, Case No.

RQ23–546, issued to the State of California would be

modified regarding the state’s application for refund

submitted in the Charter Oil Company second stage refund proceeding.

3/28/95 ............ Boyd Jolley Company, Shelley, Idaho ......... VEE–0006 Exception to the Reporting Requirements. If granted:

Boyd Jolley Company would not be required to file

Form EIA–782B, Resellers/Retailer’s Monthly Petroleum

Products Sales Report.

3/30/95 ............ Capital Transport Co., Inc., McComb, Mississippi.RR272–198 Request for Modification/Rescission in in the Crude Oil

Refund Proceeding. If granted: The March 6, 1995 Dismissal, Case No. RF272–97066, issued to Capital

Transport Co., Inc. would be modified regarding the

firm’s application for refund submitted in the Crude Oil

refund proceeding.

3/30/95 ............ Rocky Flats Field Office, Golden, Colorado VSO–0027 Request for Hearing under 10 C.F.R Part 710. If granted:

An individual whose security clearance was suspended

by the Rocky Flats Field Office would receive a hearing

under 10 C.F.R. Part 710.

Date received

Name of refund proceeding/name of refund application

Case No.

3/27/95–

3/31/

95

Crude Oil ................. RG272–44

through

RG272–

73

3/27/95–

3/31/

95

Texaco ..................... RF321–

21062

through

RF321–

21064.

[FR Doc. 95–12494 Filed 5–19–95; 8:45 am]

BILLING CODE 6450–01–P

Notice of Issuance of Decisions and

Orders During the Week of April 17

Through April 21, 1995

During the week of April 17 through

April 21, 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.

Refund Applications

Amoco Corporation, 4/21/95, RF272–

92482

The DOE issued a Decision and Order

concerning one Application for Refund

in the Subpart V crude oil overcharge

refund proceeding. The refund

application was filed by Amoco

Corporation. The DOE determined that

Amoco was not entitled to a refund

since it had filed a Refiners Escrow

Settlement Claim Form and Waiver. In

that filing, Amoco requested a Stripper

Well refund from the Refiners escrow,

thereby waiving its right to a Subpart V

crude oil refund. Accordingly, the

Application for Refund was denied.

Central Hudson Gas & Electric Corp., 4/

21/95, RF272–92494

The DOE issued a Decision and Order

concerning one Application for Refund

in the Subpart V crude oil overcharge

refund proceeding. The refund

application was filed by Central Hudson

Gas & Electric Corporation. The DOE

determined that Central Hudson was not

entitled to a refund since it had filed a

Utilities Escrow Settlement Claim Form

and Waiver. In that filing, Central

Hudson requested a Stripper Well

refund from the Utilities escrow,

thereby waiving its right to a Subpart V

crude oil refund. Accordingly, the

Application for Refund was denied.

Empire Gas Corporation/Gulf Coast

Petroleum, Inc., 4/18/95, RR335–64

Gulf Coast Petroleum, Inc. submitted

an Application for Refund in the Empire

Gas Corporation refund proceeding. The

DOE found that Gulf Coast had proved

that it was injured with respect to its

Empire propane purchases during May

1979 through January 1981.

Accordingly, the DOE granted Gulf

Coast a principal refund of $15,509 for

this product and accrued interest of

$11,075. The total refund granted to

Gulf Coast was $26,584. This Decision

also resolved the last pending

application in the Empire refund

proceeding. The DOE determined that

no further claims would be accepted in

this proceeding as of the date of this

Decision and Order and any unclaimed

funds remaining in the Empire escrow

account would be made available for

indirect restitution pursuant to the

Petroleum Overcharge Distribution and

Restitution Act of 1986, 15 U.S.C.A.

§ 4501.

Texaco Inc./International Paper

Company, 4/21/95, RR321–176
Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Notices 27103

The DOE issued a Decision and Order

granting the Motion for Reconsideration

filed by International Paper Company

(IP), an end-user of Texaco Inc.

products. In an earlier Decision, the

DOE had granted the Application for

Refund filed in the Texaco Inc. refund

proceeding by IP for purchases of

6,846,812 gallons of motor gasoline. In

its Motion for Reconsideration, IP

requested that it be granted an

additional refund for purchases of

99,278,000 gallons of residual fuel oil by

one of its paper mills. Based on the

compelling reasons that the DOE had

not originally investigated IP’s

statement on its application that it was

applying for purchases of # 6 (residual)

fuel oil and because IP quickly filed a

sufficiently documented Motion for

Reconsideration, the DOE exercised its

discretion to consider IP’s Motion. IP’s

gallonage claim was found to be well

documented, and where necessary,

conservatively estimated. Accordingly,

IP’s Motion for Reconsideration was

granted for an additional $159,703

refund.

Texaco Inc., La Villa Service Station,

Eladio Rivera, Gasolinera

Melendez, Inc., Jesus Ramirez

Ramirez, Villas de Navarra Service

Station, 4/18/95, RF321–21016,

RF321–21028, RF321–21029,

RF321–21034, 4/18/95, RF321–

21035

The DOE issued a Decision and Order

regarding five Applications for Refund

filed in the Texaco Inc. refund

proceeding by retailers located in Puerto

Rico. Each of the applications was

postmarked and received more than four

months after the February 28, 1994 final

deadline for filing applications in the

Texaco proceeding. Four of the

applicants requested that their

applications be accepted because they

did not have notice of the Texaco

proceeding until after the February 28

deadline. Additionally, one of these

applicants further asserted that retailers

in Puerto Rico had not been effectively

informed about the proceeding and that

neither Texaco nor the DOE made an

effort to notify Puerto Rican retailers

about the proceeding. Consequently,

this applicant argued that equity

required the DOE to process its late

application. The DOE found that some

notice had been given in Puerto Rico

and noted that, in consideration of the

lack of Texaco’s notification to potential

Puerto Rican applicants, the DOE

previously had agreed to accept for

possible consideration all Texaco

applications submitted from Puerto Rico

in the month of March 1994. The DOE

found that the extreme length of time

which the Texaco proceeding has lasted

and the need for finality outweighed the

claimed inequity. Consequently, the

DOE found that none of the applicants

had presented an equitable

consideration or compelling reason to

excuse its lateness in filing its

application. Accordingly, the

applications were dismissed.

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.

Gulf Oil Corporation/American Hoechst Corp .................................................................................................. RF300–19970 04/21/95

Hoechst Celanese Chemical Grp ......................................................................................................................... RF300–21699 .......................

Gulf OIl Corporation/Dick’s Sacramento Gulf Rentals et al ............................................................................. RF300–21300 04/21/95

Gulf Oil Corporation/Livingston Gulf ................................................................................................................ RF300–21826 04/21/95

Gulf Oil Corporation/Simmons Pole & Piling .................................................................................................... RR300–262 04/21/95

Texaco Inc./Vanguard Petroleum Corp .............................................................................................................. RF321–13015 04/18/95

Dismissals

The following submissions were dismissed:

Name Case No.

Agway Petroleum Corp .................................................................................................................................................................... RF345–30

American Freight System, Inc .......................................................................................................................................................... RF321–20215

Apac-Tennessee, Inc ....................................................................................................................................................................... RF272–98242

Boston Gas Company ...................................................................................................................................................................... RF321–20357

Camellia Food Stores, Inc ................................................................................................................................................................ RF272–98866

Carl’s Texaco ................................................................................................................................................................................... RF321–20353

Coyier’s Texaco ................................................................................................................................................................................ RF321–20356

East Store Material ........................................................................................................................................................................... RF321–20279

Ernie’s Texaco .................................................................................................................................................................................. RF321–20354

Marvin V. Templeton & Sons, Inc .................................................................................................................................................... RF321–20262

Morgan Adhesives Company ........................................................................................................................................................... RF321–20358

Par-Co Drilling, Inc ........................................................................................................................................................................... RF272–98983

Paraco Gas Corp ............................................................................................................................................................................. RF321–20588

Schwan’s Sales Enterprises, Inc ...................................................................................................................................................... RF321–20366

Tap Air Portugal ............................................................................................................................................................................... RF272–92485

Tungsten Products Corp .................................................................................................................................................................. RF272–92490

Van Dusen Airport Service Company .............................................................................................................................................. RF272–92151

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: May 15, 1995.

George B. Breznay,

Director, Office of Hearings and Appeals.

[FR Doc. 95–12495 Filed 5–19–95; 8:45 am]

BILLING CODE 6450–01–P