Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Notices 27495

SUPPLEMENTARY INFORMATION: Pursuant

to the Randolph-Sheppard Act (20

U.S.C. 107d–2(c)) (the Act), the

Secretary publishes in the Federal

Register a synopsis of each arbitration

panel decision affecting the

administration of vending facilities on

Federal and other property.

Background

This dispute concerns the alleged

violation by the General Services

Administration (GSA) in the

termination of the permit of the

California Department of Rehabilitation,

the State licensing agency (SLA), to

operate a cafeteria at the Internal

Revenue Service (IRS) facility, in

Fresno, California. A summary of the

facts is as follows: The SLA and GSA

entered into an agreement to establish a

cafeteria at the IRS Building, 5045 E.

Butler Avenue, Fresno, California on

November 1, 1995. The facility had been

operated by a private vendor under

contract to GSA.

Although the vending facility was a

cafeteria, the SLA and GSA proposed a

permit rather than a contract. GSA

proposed that the permit be issued for

a limited term of approximately 1 year,

subject to renewal or cancellation at the

end of that period. While the SLA

declined to enter into a limited

agreement, the permit that was

eventually issued between the SLA and

GSA was for an ‘‘indefinite period of

time subject to suspension or

termination on the basis of noncompliance by either party.’’

The operation of the IRS cafeteria

began on December 18, 1995. On

September 25, 1996, an inspection of

the cafeteria was conducted by the Food

and Drug Administration (FDA). The

FDA inspector noted numerous

unsanitary conditions such as improper

food preparation and storage, pest

infestation, and employees eating and

drinking beverages outside the break

area. The violations noted by the FDA

inspector were brought to the attention

of the cafeteria facility manager. On

March 5, 1997, an FDA inspector

conducted another inspection at the IRS

cafeteria. Again, the FDA inspector

observed several violations similar to

those noted in the September 25, 1996,

inspection. Additional violations were

found such as rodent droppings,

improper cleaning of the conveyor belt,

lack of soap and paper towels at the

handwashing sink, and improper

cleaning of the floor in the dishwashing

area. These violations were pointed out

to the cafeteria manager, who allegedly

did not dispute any of the FDA

inspector’s observations. Subsequently,

the cafeteria was closed.

The SLA alleged that the closure of

the IRS cafeteria violated the Act and

the terms of the permit. Additionally,

the SLA alleged that GSA violated an

agreement to give the SLA revenues

from the operation of a portable coffee

cart in the cafeteria area.

The SLA filed a request to convene an

arbitration panel to hear this complaint.

A Federal arbitration hearing on this

matter was held on December 15–18,

1998. A second hearing was convened

on March 1–5, 1999 to conclude

testimony.

Arbitration Panel Decision

The majority of the panel, after

considering all of the evidence,

concluded that the parties jointly agreed

to a permit agreement rather than a

cafeteria contract for the vending facility

at the IRS building. The panel further

found that, while IRS personnel were

interested in having a food court at the

facility, the SLA furnished the vendor

with equipment that essentially

provided for multiple serving stations

and a broader variety of food similar to

the food court concept sought by IRS

officials. Thus, the panel ruled that

there was no convincing evidence to

support the SLA’s allegation that GSA

caused the termination of the vendor’s

permit under the pretext of putting in a

food court by a private vendor.

Based upon the evidence presented,

the majority of the panel further

concluded that, throughout the vendor’s

tenure at the IRS, there were numerous

inspections of the cafeteria. Most

notable of the inspections were those

conducted by FDA on September 25,

1996, and March 4, 1997, which

identified numerous sanitation, food

preparation, and storage violations.

Those inspections resulted in the

cafeteria closing.

The panel ruled that the unsanitary

conditions created serious health risks

to thousands of customers of the

cafeteria at the IRS building. Therefore,

it was reasonable and proper for GSA to

remove the vendor because of the

extreme unsanitary conditions.

Furthermore, the panel ruled that the

SLA’s allegation concerning the

vendor’s removal lacking due process

was without merit.

Finally, the majority of the panel

ruled that the weight of the evidence

indicated that GSA owed some

accounting and commissions to the SLA

for the coffee cart operation. The panel

ordered the parties to jointly determine

the formula for the amount owed by

GSA to the SLA.

One panel member concurred.

One panel member dissented.

The views and opinions expressed by

the panel do not necessarily represent

the views and opinions of the U.S.

Department of Education.

Dated: May 11, 2001.

Andrew J. Pepin,

Executive Administrator for Special

Education and Rehabilitative Services.

[FR Doc. 01–12402 Filed 5–16–01; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Office of Fossil Energy

National Petroleum Council

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

SUMMARY: This notice announces a

meeting of the National Petroleum

Council. Federal Advisory Committee

Act (Public Law 92–463,86 Stat. 770)

requires notice of these meetings be

announced in the Federal Register.

DATES: Wednesday, June 6, 2001, 9 a.m.

ADDRESSES: The Ritz Carlton,Ballroom

Salon I, 1150 22nd Street,

NW.,Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Margie D. Biggerstaff, U.S. Department

of Energy, Office of Fossil Energy,

Washington, DC 20585. Phone: 202/

586–3867.

SUPPLEMENTAL INFORMATION: Purpose of

the Committee: To provide advice,

information, and recommendations to

the Secretary of Energy on matters

relating to oil and gas or the oil and gas

industry.

Tentative Agenda

—Call to order and introductory remarks by

Archie W. Dunham, Chair of the NPC.

—Remarks by the Honorable Spencer

Abraham, Secretary of Energy (invited).

—Consideration of the proposed final report

of the NPC Committee on Critical

Infrastructure Protection.

—Administrative matters.

—Discussion of any other business properly

brought before the NPC.

—Public comment (10-minute rule).

—Adjournment.

Public Participation: The meeting is

open to the public. The chairperson of

the Council is empowered to conduct

the meeting in a fashion that will

facilitate the orderly conduct of

business. Any member of the public

who wishes to file a written statement

with the Council will be permitted to do

so, either before or after the meeting.

Members of the public who wish to

make oral statements pertaining to

agenda items should contact Margie D.

Biggerstaff at the address or telephone

27496 Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Notices

1 94 FERC ¶61,350 (2001).

number listed above. Requests must be

received at least five days prior to the

meeting and reasonable provision will

be made to include the presentation on

the agenda. This notice is being

published less than 15 days before the

date of the meeting due to the late

resolution of programmatic issues.

Transcripts: Available for public

review and copying at the Public

Reading Room, Room IE–190, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC, between 9 am

and 4 pm, Monday through Friday,

except Federal holidays.

Issued at Washington, DC, on May 11,

2001.

Belinda Hood,

Acting Deputy Committee Advisory

Management Officer.

[FR Doc. 01–12438 Filed 5–16–01; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RT01–35–000; Docket No.

RT01–15–000]

Avista Corporation, Bonneville Power

Administration, Idaho Power Company,

Montana Power Company, Nevada

Power Company, PacifiCorp, Portland

General Electric Company, Puget

Sound Energy, Inc., Sierra Pacific

Power Company; Avista Corporation,

Montana Power Company, Nevada

Power Company, Portland General

Electric Company, Puget Sound

Energy, Inc., Sierra Pacific Power

Company; Notice of Technical

Conference

May 11, 2001.

Take notice that Commission Staff

will hold a technical conference to

discuss liability issues presented by the

RTO West/TransConnect application on

May 24, 2001, beginning at 2 p.m. in a

room to be designated at the offices of

the Federal Energy Regulatory

Commission, 888 First Street, NE.,

Washington, DC 20426.

All interested persons are permitted

to attend.

David P. Boergers,

Secretary.

[FR Doc. 01–12428 Filed 5–11–01; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RP01–262–001]

Columbia Gas Transmission

Corporation; Notice of Compliance

Filing

May 11, 2001.

Take notice that on April 30, 2001,

Columbia Gas Transmission Corporation

(Columbia) tendered for filing its

responses to the five inquiries made by

the Commission in seeking additional

information on Columbia’s retainage

percentages filed on March 1, 2001.

Columbia states that the filing is being

made in compliance with the

Commission letter order issued on

March 28, 2001 1 in the abovereferenced proceeding.

Any person desiring to protest said

filing should file a protest with the

Federal Energy Regulatory Commission,

888 First Street, NE., Washington, DC

20426, in accordance with Section

385.211 of the Commission’s Rules and

Regulations. All such protests must be

filed on or before May 21, 2001. Protests

will be considered by the Commission

in determining the appropriate action to

be taken, but will not serve to make

protestants parties to the proceedings.

Copies of this filing are on file with the

Commission and are available for public

inspection in the Public Reference

Room. This filing may be viewed on the

web at http://www.ferc.fed.us/online/

rims.htm (call 202–208–2222 for

assistance). Comments, protests and

interventions may be filed electronically

via the internet in lieu of paper. See, 18

CFR 385.2001(a)(1)(iii) and the

instructions on the Commission’s web

site at http://www.ferc.fed.us/efi/

doorbell.htm.

David P. Boergers,

Secretary.

[FR Doc. 01–12397 Filed 5–16–01; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. PR01–14–000]

Enogex, Inc; Notice of Petition for Rate

Approval

May 11, 2001.

Take notice that on May 1, 2001,

Enogex, Inc. (Enogex) filed a Petition for

Rate Approval (Petition) pursuant to

Section 284.123(b)(2) of the

Commission’s regulations, 18 CFR

284.123(b)(2). In the Petition, Enogex

requests that the Commission approve a

rate for interruptible transportation

service under Section 311(a)(2) of the

Natural Gas Policy Act of $0.4866 per

MMBtu. Enogex states that this

combined rate replaces the separate

charges for compression and

transmission that the Commission had

previously approved. No further change

is proposed to the fuel retention

percentages, since they are currently

under consideration by the Commission

in Docket No. PR01–6–000.

Pursuant to Section 284.123(b)(2)(ii)

of the Commission’s regulations, if the

Commission does not act within 150

days of the Petition’s filing date, the

rates proposed therein will be deemed

to be fair and equitable and not in

excess of an amount that interstate

pipelines would be permitted to charge

for similar services. The Commission

may, prior to the expiration of the 150-

day period, extend the time for action or

institute a proceeding to afford parties

an opportunity for written comments

and for the oral presentation of views,

data and arguments.

Any person desiring to participate in

this rate proceeding must file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, NE., Washington, DC 20426,

in accordance with rules 211 and 214 of

the Commission’s Rules of Practice and

Procedure (18 CFR 385.211 and

385.214). All motions must be filed with

the Secretary of the Commission on or

before May 29, 2001. This petition for

rate approval is on file with the

Commission and is available for public

inspection. This filing may be viewed

on the web at http://www.ferc.fed.us/

online/rims.htm (call 202–208–2222 for

assistance). Comments, protests, and

interventions may be filed electronically

via the internet in lieu of paper. See, 18

CFR 385.200(a)(1)(iii) and the

instruction on the Commission’s web

site at http://www.ferc.fed.us.efi/

doorbell.htm.

David P. Boergers,

Secretary.

[FR Doc. 01–12398 Filed 5–16–01; 8:45 am]

BILLING CODE 6717–01–M