[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Notices]
[Pages 10845-10847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4878]



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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Issuance of Decisions and Orders During the Week of December 26 
Through December 30, 1994

    During the week of December 26 through December 30, 1994 the 
decisions and orders summarized below were issued with respect to 
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.

Requests for Exception

Farm, Fuel & Feed, 12/30/94, LEE-0164

    Farm, Fuel & Feed 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. Accordingly, on 
November 14, 1994, the DOE issued a Proposed Decision and Order 
tentatively determining that the exception request should be denied. No 
Notice of Objection to the Proposed Decision and Order was filed at the 
Office of Hearings and Appeals of the DOE within the prescribed time 
period. Therefore, the DOE issued the Proposed Decision and Order in 
final form, denying Farm, Fuel & Feed's Application for Exception.

Farmers Union Coop Oil Co., 12/27/94, LEE-0162

    Farmers Union Coop Oil Co. (Farmers) 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 [[Page 10846]] was not suffering gross inequity or 
serious hardship. Accordingly, the DOE denied Farmers' exception 
request.

Galaxie Oil Ltd., 12/30/94, LEE-0110

    Galaxie Oil Ltd. 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 August 1, 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 at the Office of Hearings and 
Appeals of the DOE within the prescribed time period. Therefore, the 
DOE issued the Proposed Decision and Order in final form, denying 
Galaxie's Application for Exception.

Hood River Supply Association, 12/30/94, LEE-0134

    Hood River Supply Association (Hood River) of Hood River, Oregon, 
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 November 14, 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 at the Office of Hearing and Appeals of 
the DOE within the prescribed time period. Therefore, on the DOE issued 
the Proposed Decision and Order in final form, denying Hood River's 
Application for Exception.

Quint Cities Petroleum Co., 12/30/94, LEE-0154

    Quint Cities Petroleum Company filed an Application for Exception 
from the Energy Information Administration requirement that it file 
Form EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum Product 
Sales Report.'' In considering Quint Cities' request, the DOE found 
that the firm was not experiencing a serious hardship or gross 
inequity. According, exception relief was denied.

Refund Applications

Gulf Oil Corporation/Wayne F. Johnson, Inc., 12/30/94, RF300-606

    The DOE issued a Decision and Order concerning an Application for 
Refund filed by Wayne F. Johnson, Inc. in the Gulf Oil Corporation 
refund proceeding. The DOE found that the firm had failed to submit 
sufficient information to support a full volumetric refund beyond the 
presumptive injury level. The DOE also found that the firm's volume 
information was scant. Nevertheless, the DOE determined that in view of 
the length of time the case had been pending and the good faith efforts 
by the claimant to submit corroborative evidence, the claimant should 
receive a refund based on the evidence currently in the file. The DOE 
found that there was sufficient information available to grant the firm 
a refund at the small claims presumptive level. Accordingly, the firm 
was granted a refund of $5,000, plus $4,609 in interest.

Texaco Inc./Bituminous Materials, Inc., 12/27/94, RR321-173

    The DOE issued a Decision and Order denying a Motion for 
Reconsideration filed by William L. Walton in the Texaco Inc. Subpart V 
special refund proceeding on behalf of Bituminous Materials, Inc. 
(Bituminous). The DOE had previously rescinded a refund granted to 
Bituminous because a different firm was eligible to receive the refund 
based on Bituminous' Texaco purchases. The Motion for Reconsideration 
requested that the DOE vacate its determination to assess interest on 
the rescinded refund amount. The DOE determined that in the absence of 
a compelling reason not to assess interest, it should adhere to its 
usual practice in the Texaco refund proceeding of restoring the Texaco 
escrow account to its correct level. Accordingly, the Motion was 
denied.

Texaco Inc./Hank Texaco & Towing, Lee Paradise Texaco, Lee's Texaco, 
12/27/94, RF321-20237, RF321-21046, RF321-21056

    The Department of Energy (DOE) issued a Decision and Order granting 
a refund to Hank Metevier and rescinding a refund that had been granted 
to Lee Paradise and Mary J. Paradise in the Texaco special refund 
proceeding. In that Decision, the DOE found that Mr. Metevier was the 
Texaco retailer at one of the locations for which Mr. & Mrs. Paradise 
received a refund. Accordingly, Lee Paradise and the Estate of Mary 
Paradise were each directed to remit $221 to the DOE.

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/Wehah Farms, Inc. et al........................  RF304-14640                 12/28/94
Gulf Oil Corporation/City of North Olmsted................................  RF300-20425                 12/30/94
Gulf Oil Corporation/Lazy 8, Inc..........................................  RF300-21816                 12/30/94
J. Laurance Nicholson & Son, Inc. et al...................................  RF272-91001                 12/28/94
Northrop Corporation......................................................  RF272-92554                 12/30/94
Suburban Transfer Service, Inc............................................  RF272-93035                 12/30/94
Texaco Inc./Major Oils....................................................  RR321-321                   12/30/94
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                       Name                               Case No.      
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B&B Texaco........................................  RF321-9046          
Braswell Sand & Gravel Co., Inc...................  RF300-16531         
Ethyl Petroleum Additives, Inc....................  RF272-93279         
Ganado Unified School District #20................  RF272-90142         
Olin Corporation..................................  RF272-93307         
Prospect Heights School #23.......................  RF272-82565         
State of Louisiana................................  RF272-98927         
Super Service Oil Co..............................  RF321-7456          
[[Page 10847]]                                                          
                                                                        
Syd Smith.........................................  RF321-14088         
Vitamilk Dairy....................................  RF272-90917         
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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: February 21, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-4878 Filed 2-27-95; 8:45 am]
BILLING CODE 6450-01-P