Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Notices 9679

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS

[Week of Jan. 23 through Jan. 27, 1995]

Date Name and location of applicant Case No. Type of submission

01/24/95 .......... Pitcher Sales, Inc., Lewiston, Utah ............. VEE–0004 Exception to the Reporting Requirements. If granted:

Pitcher Sales, Inc., would not be required to file Form

EIA–782B ‘‘Resellers’/Retailers’ Monthly Petroleum

Products Sales Report.’’

01/25/95 .......... David K. Hackett, P.E., Knoxville, Tennessee.VFA–0021 Appeal of an Information Request Denial. If granted:

David K. Hackett, P.E., would receive a waiver of all

fees incurred in processing of a Freedom of Information

Request for certain Department of Energy information.

01/26/95 .......... Oregon/Nation Helium, Time Oil, Coline,

Belridge, Perry, Gas Palo Pinto.

RQ3–591, RQ334–

592, RQ2–593,

RQ8–594,

RQ183–595,

RQ5–596

Application for Second Stage National Helium, Time Oil,

Coline, Belridge, Perry Gas, Palo Pinto Refunds. If

granted: The second stage refund application submitted

by Oregon in the National Helium, Time Oil, Coline,

Belridge, Perry Gas and Palo Pinto Refund Proceedings would be granted.

01/27/95 .......... J/R/A Associates, Mitchellville, Maryland .... VFA–0022 Appeal of an Information Request Denial. If granted: The

December 15, 1994 Freedom of Information Request

Denial issued by the DOE Office of Contractor Employee Protection would be rescinded, and J/R/A Associates would receive access to the first page of each

complaint of discrimination filed by employees with the

DOE Office of Contractor Employee Protection.

REFUND APPLICATIONS RECEIVED

Date received Name of refund proceeding/name of refund applicant Case No.

01/20/95 .................................................. Farmers Coop Grain ............................................................................................. RG272–19

01/20/95 .................................................. Farmers Elevator Company .................................................................................. RG272–20

01/24/95 .................................................. Dal Har Distributing Co. ........................................................................................ RG272–21

01/26/95 .................................................. Ellsworth-Williams ................................................................................................. RG272–22

[FR Doc. 95–4189 Filed 2–17–95; 8:45 am]

BILLING CODE 6450–01–P

Notice of Issuance of Decisions and

Orders by the Office of Hearings and

Appeals During the Week of October 3

Through October 7, 1994

During the week of October 3 through

October 7, 1994 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

E.O. Smelser, 10/4/94, LFA–0420

E.O. Smelser filed an Appeal from a

denial by the Bartlesville Project Office

of a Request for Information which he

submitted under the Freedom of

Information Act (the FOIA). In

considering the Appeal, the DOE found

that the requested documents were not

‘‘agency records’’ and so were not

subject to the FOIA. Accordingly, the

Appeal was denied. In reaching this

decision, the DOE considered that

although the agency had access to the

records, it did not possess the records

when the request was made.

Furthermore, the grant assistance

agreement between the DOE and the

grantee did not assign ownership of the

records to the DOE.

John P. Connelly, 10/7/94, LFA–0419

John P. Connelly (Connelly) filed an

Appeal from a determination issued to

him by the Office of the Inspector

General (OIG). The determination

partially denied a Request for

Information which Connelly submitted

under the Freedom of Information and

Privacy Acts. Connelly requested

documents relating to employment

announcements made by OIG for the

position of Criminal Investigator at

various DOE facilities, along with all

records created by a former Assistant

Inspector General regarding the

specified announcements. In its

determination, the OIG provided

Connelly with various documents

responsive to his Freedom of

Information Act request. Connelly, in

his Appeal, argued that (1) further

responsive documents existed, (2) the

documents that were provided to him

were not provided to him in any logical

order, and (3) OIG failed to make a

search pursuant to the Privacy Act. In

considering the Appeal, the DOE found

that (1) the records responsive to his

request were not contained in a system

of records that was subject to the

Privacy Act, (2) OIG had no obligation

under the FOIA to provide responsive

records in a particular order, and (3) an

adequate search had been conducted in

response to the request. Accordingly,

Connelly’s Appeal was denied.

Physicians for Social Responsibility,

Inc., 10/6/94, LFA–0426

Physicians for Social Responsibility,

Inc. (PSRI) filed an Appeal from a

determination issued to it on August 26,

1994, by the Chief of the Freedom of

Information and Privacy Acts Branch of

the Reference and Information

Management Division. In that

determination, the Chief stated that

responsive documents could not be

found pursuant to a Freedom of

Information Act request. Specifically,

the Chief denied a request for

documents relating to a study allegedly

done involving the Integral Fast Reactor.

PSRI’s request and subsequent appeal

concerned the identical documents

involved in another case. In that case,

the DOE had confirmed the possible

existence of documents responsive to

the appellant’s request and remanded

the case for a search of the DOE Oak

Ridge Operations Office and the DOE
9680 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Notices

Office of Nuclear Energy. Accordingly,

in view of the fact that the Appeals were

identical, the DOE also remanded the

PSRI request for a search of the same

DOE Offices.

William H. Payne, 10/7/94, LFA–0416

William H. Payne filed an Appeal

from a determination issued to him by

the Office of the Inspector General (OIG)

on a Request for Information submitted

under the Freedom of Information Act

(FOIA). In considering the Appeal, the

DOE found that the OIG did not have

the office-wide rosters of contacts

between OIG staff members and

employees of Sandia National

Laboratory and of the Department of

Justice that Mr. Payne sought. In

addition, the DOE determined that

making a burdensome survey of all OIG

personnel for such records on an

individual basis was not required by the

FOIA. Accordingly, the Appeal was

denied.

Requests for Exception

Brennan Oil & Heating Company, Inc.,

10/3/94, LEE–0130

Brennan Oil & Heating Company, Inc.

(Brennan) of North Providence, Rhode

Island, filed an Application for

Excepton from the Energy Information

Administration (EIA) requirement that it

file Form EIA–782B, the ‘‘Resellers’/

Retailers’ Monthly Petroleum Product

Sales Report’’. In considering this

request, the DOE found that the firm

was not suffering gross inequity or

serious hardship. On July 19, 1994, the

DOE issued a Proposed Decision and

Order determining that the exception

request should be denied. No Notice of

Objection to the Proposed Decision and

Order was filed, the DOE issued the

Proposed Decision and Order in final

form, denying Brennan’s Application for

Exception.

Schwebel Petroleum Company, 10/3/94,

LEE–0126

Schwebel Petroleum Company

(Schwebel) of Bakersfield, California,

filed an Application for Exception from

the Energy Information Administration

(EIA) requirement that it file Form EIA–

782B, the ‘‘Resellers’/Retailers’ Monthly

Petroleum Product Sales Report.’’ In

considering this request, the DOE found

that the firm was not suffering gross

inequity or serious hardship. On July

18, 1994, the DOE issued a Proposed

Decision and Order determining that the

exception request should be denied. No

Notice of Objection to the Proposed

Decision and Order was filed, and the

DOE issued the Proposed Decision and

Order in final form, denying Schwebel’s

Application for Exception.

Refund Applications

Mid-State Coop, Tri-County Non-Stock

Coop Association, Farmers

Cooperative Oil Association, 10/5/

94, RF272–92061, RF272–92062,

RF272–92063

The DOE issued a Decision and Order

concerning the Application for Refund

of three cooperatives in the Subpart V

crude oil overcharge refund proceeding.

Each of the refund applications was

filed by the Cooperative Finance

Association (CFA) and requested that

any refund check be made payable to

CFA. The DOE determined that the CFA

was not entitled to refunds based upon

purchases made by the cooperatives.

Accordingly, the Applications for

Refund were denied.

Texaco Inc./Major Oils, 10/4/94, RR321–

165

The DOE issued a Decision and Order

denying a Motion for Reconsideration

filed by George R. Dunn in the Texaco

Inc. Subpart V special refund

proceeding on behalf of Major Oils. The

DOE had previously denied Major Oils’

Application for Refund on the basis that

Mr. Dunn had failed to establish that

Major Oils purchased Texaco products

or the volume of any such Texaco

purchases. In the Motion for

Reconsideration, Mr. Dunn failed to

present any compelling reasons or new

evidence that would warrant the

reconsideration of Major Oils’ refund

claim. Accordingly, Major Oils’ Motion

for Reconsideration was denied with

prejudice to any further refiling in the

Texaco Inc. Subpart V special refund

proceeding.

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.

Appleton School District City of Tulia .............................................................................................................. RF272–79246,

RF272–83088

10/04/94

Atlantic Richfield Company/Ray’s Arco et al .................................................................................................... RF304–14673 10/03/94

Callanan Industries, Inc. ..................................................................................................................................... RF272–69469 10/07/94

Davidson Cooperative Assoc. et al ..................................................................................................................... RF272–94587 10/07/94

Gulf Oil Corporation/Farley Oil Co .................................................................................................................... RF300–18716 10/04/94

Gulf Oil Corporation/Line Garage ...................................................................................................................... RF300–20439 10/07/94

Kankakee Valley School Corp. et al ................................................................................................................... RF272–95533 10/07/94

Melchior Armstrong Dessau Inc. Ray W. Malow Co ......................................................................................... RC272–255,

RC272–256

10/05/94

Metropolitan Petroleum & Fuel/Michael Campanile et al ................................................................................ RF349–13 10/03/94

Sterling Paving Co ............................................................................................................................................... RF272–68993 10/07/94

Sterling Paving Co ............................................................................................................................................... RD272–68993 .......................

Sim J. Harris Co ................................................................................................................................................... RF272–86593 .......................

Sloan Construction Co ......................................................................................................................................... RF272–86920 .......................

Texaco Inc./Buz Olsen’s Casino Texaco ............................................................................................................ RF321–20683 10/07/94

Casino Texaco ...................................................................................................................................................... RF321–21036 .......................

Texaco Inc./Howard’s Texaco et al .................................................................................................................... RF321–11277 10/03/94

Village of Willowbrook et al ............................................................................................................................... RF272–84678 10/07/94

Wynn-Fowler Trading Co., Inc. .......................................................................................................................... RF272–67234 10/07/94

Dismissals

The following submissions were dismissed:

Name Case No.

Chester County Aviation .................................................................................................................................................................. RF272–97996

City of Marianna ............................................................................................................................................................................... RF272–97206

Gackle Cooperative Oil Co .............................................................................................................................................................. RF272–94980

Garrett County Commissioners ........................................................................................................................................................ RF272–93478
Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Notices 9681

Name Case No.

Grizzard West End Texaco .............................................................................................................................................................. RF321–20446

Guinn Oil Company .......................................................................................................................................................................... Lee–0133

Independent School Dist. 706 .......................................................................................................................................................... RF272–96102

Jackson County Board of Education ................................................................................................................................................ RF272–97817

Jordano’s Inc. ................................................................................................................................................................................... RF321–20457

Lincoln County Board of Education ................................................................................................................................................. RF272–97974

Midwest Aviation .............................................................................................................................................................................. RF272–98732

New Jersey ....................................................................................................................................................................................... RM3–271

Oklahoma Natural Gas Co ............................................................................................................................................................... RF272–93981

Seaboard Coastline R.R. ................................................................................................................................................................. RF272–93763

Stewart’s Texaco .............................................................................................................................................................................. RF321–20606

Town of Murfreesboro ...................................................................................................................................................................... RF272–84705

Western Maryland R.R. .................................................................................................................................................................... RF272–93752

York Aero, Inc. ................................................................................................................................................................................. RF272–98746

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: February 9, 1995.

George B. Breznay,

Director, Office of Hearings and Appeals.

[FR Doc. 95–4190 Filed 2–17–95; 8:45 am]

BILLING CODE 6450–01–P

Office of Hearings and Appeals

Notice of Issuance of Decisions and

Orders; Week of October 31 through

November 4, 1994

During the week of October 31

through November 4, 1994, 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

Cowles Publishing Co., 10/31/94, LFA–

0427

Cowles Publishing Company (Cowles)

filed an Appeal from a determination

issued by the DOE’s Richland

Operations Office (Richland) in

response to a request from Cowles under

the Freedom of Information Act (FOIA).

Cowles sought the salary information of

the president or highest-ranking official

of the four major contractors working for

Richland: Westinghouse Hanford

Company, Battelle Pacific Northwest

Laboratory, Kaiser Engineers Hanford

Company and the Bechtel corporation.

In considering the Appeal, the DOE

found that Richland properly withheld

the salaries of those positions under

Exemption 6 of the FOIA. Accordingly,

the Appeal was denied.

Glen M. Jameson 11/1/94, VFA–0001

Glen M. Jameson filed an Appeal from

a determination issued by the DOE’s

Albuquerque Operations Office

(Albuquerque) in response to a request

from Mr. Jameson under the Freedom of

Information Act (FOIA). Mr. Jameson

sought the names and numbers of

current and former PAI Corporation

(PIA) employees working on

Albuquerque Contract No. DE–AC04–

91AL72747. In considering the Appeal,

the DOE found that Albuquerque had

mistakenly modified the request to

exclude former PAI employees.

Accordingly, the Appeal was remanded

to Albuquerque to search its records for

former PAI employees.

Refund Applications

Mrs. Baird’s Bakeries, Inc., 11/4/94,

RF272–92316

The DOE issued a Decision and Order

concerning an Application for Refund in

the Subpart V crude oil overcharge

refund proceeding. The refund

application was filed by Mrs. Baird’s

Bakeries, Inc. (Mrs. Baird’s). The DOE

determined that Mrs. Baird’s was not

entitled to a refund since it had filed a

Surface Transporters Escrow Settlement

Claim Form and Waiver. In that filing,

Mrs. Baird’s had requested a Stripper

Well refund from the Surface

Transporters escrow, thereby waiving its

right to a Subpart V crude oil refund.

Accordingly, the Application for Refund

was denied.

Parnum Paving Company, 10/31/94,

RR272–181

The DOE issued a Decision and Order

granting a request for reconsideration in

the Subpart V crude oil overcharge

refund proceeding. The movant attested

that it had made a mistake in answering

the DOE’s inquiry regarding the firm’s

use of escalator clauses in its contracts.

Based on the corrected information, the

DOE determined that the movant was

entitled to an additional refund. The

refund granted in this Decision was

$11,470.

Whitaker Oil Corp./Philip Beamer

Distributor, Inc., 11/01/94, RF351–

29

The DOE issued a Decision and Order

granting an Application for Refund filed

by Philip Beamer Distributor, Inc. in the

Whitaker Oil Corp. special refund

proceeding. The Decision noted that the

funds remaining in the Whitaker

account are being distributed as

required by the Petroleum Overcharge

and Distribution and Restitution Act

and that, therefore, no more

applications will be accepted in the

Whitaker proceeding.

Refund Applications

The Office of Hearing and Appeals

issued the follow 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/A&B Arco ............................................................................................................. RF304–13927 11/01/94

City of Roseville et al .......................................................................................................................................... RF272–90531 11/04/94

Clinton Milk Co. .................................................................................................................................................. RF272–62 11/04/94

Enron Corp./Midpane Gas Company .................................................................................................................. RF340–74 11/04/94

Suburban Propane ............................................................................................................................................... RF340–168 .......................

Gulf Oil Corporation/Forsyth Home, Inc. .......................................................................................................... RF300–18999 11/01/94