[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1381]
[[Page Unknown]]
[Federal Register: January 20, 1994]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders; Week of October 11 Through
October 15, 1993
During the week of October 11 through October 15, 1993, 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
Deborah L. Abrahamson, 10/12/93, LFA-0321
On September 13, 1993, Deborah L. Abrahamson filed an Appeal from a
determination issued to her by the DOE's Office of Personnel in
response to a request submitted by Ms. Abrahamson under the Freedom of
Information Act (FOIA). In that determination, the Office of Personnel
released some documents and withheld others pertaining to the position
of Management Analyst at the Superconducting Super Collider Project
Office (SSCPO), a position for which Ms. Abrahamson had been a
candidate. In considering the Appeal, the DOE found that the Office of
Personnel did not adequately justify its determination to withhold
documents on the basis of Exemption 5 of the FOIA. Accordingly, the DOE
held that the determination should be remanded to the Office of
Personnel for a further determination. In addition, Ms. Abrahamson
questioned the adequacy of the Office of Personnel's search for
information claiming that additional information should exist. The DOE
determined that the Office of Personnel's search was reasonably
calculated to locate any information requested by Ms. Abrahamson.
Therefore, the Appeal was granted in part.
National Security Archive, 10/13/93, LFA-0223
The National Security Archive appealed a denial by the Director of
the Office of Classification of a request for information that it filed
pursuant to the Freedom of Information Act. The Director had determined
that portions of a document pertaining to espionage activities during
the 1960's by Lt. Col. W.H. Whaelen should be withheld pursuant to
Exemptions 1 and 3 because the information was classified. After
reviewing the document on appeal, the DOE determined that the withheld
information remained classified. Accordingly, the Appeal was denied.
Native Americans for Clean Environment, 10/13/93, LFA-0319
Native Americans for a Clean Environment (NACE) filed an Appeal
from a determination issued to it by the Acting Director of the
Savannah River Program Division of the DOE's Office of Environmental
Restoration. The determination denied, in part, a Request for
Information which NACE submitted under the Freedom of Information Act
(FOIA). NACE requested all records regarding proposals made to the DOE
for the processing of depleted uranium hexafluoride. The Director
released two responsive documents and withheld another in its entirety.
In its Appeal, NACE argued that a complete search had not been made to
uncover all responsive documents. In considering the Appeal, the DOE
found that NACE's request had not been transmitted to or processed by
the DOE Headquarters FOIA Officer at the Freedom of Information and
Privacy Branch of the Office of Administrative Services as mandated by
the DOE's FOIA regulations. In light of this fact, the DOE determined
that it was possible that a complete search had not been performed for
responsive documents. Consequently, the DOE remanded the matter to the
Freedom of Information and Privacy Branch of the Office of
Administrative Services to issue a new determination regarding NACE's
FOIA request.
Ronald A. Sorri L&M Technologies, Inc., Ronald A. Sorri, 10/15/93, LWD-
0008 LWD-0009 LWX-0011
Ronald A. Sorri (Sorri) and L&M Technologies, Inc. (L&M) filed
requests for discovery with the DOE's Office of Hearings and Appeals
(OHA) on September 24 and 27, 1993, respectively. These motions
concerned the hearing requested by Sorri under the DOE's Contractor
Employee Protection Program. In considering the two motions, the OHA
found that both discovery requests were reasonable and that they were
designed to yield evidence that was relevant and material to the
alleged retaliatory discharge issue in this case. The OHA further found
that it was not unduly burdensome on either L&M or Sandia National
Laboratories to produce the requested documents. Accordingly, the
Motions for Discovery were granted. In addition to ruling on the
discovery motions, and in a Supplemental Order, the OHA established
procedures for the submission of exhibits before the hearing, and set
the order of witnesses.
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/Gus Budin RF304-12624 10/12/93
ET AL.
Bonitz Insulation Co. of SC et al..... RF272-86051 10/13/93
Brocket Oil Cooperative Farmers Union RF272-87004 10/12/93
Oil Co. Berthold/Carpio. RF272-87990
Grayslake High Schl. Dist. et al...... RF272-81809 10/15/93
Gulf Oil Corporation/Circle Syracuse RF300-20847 10/13/93
Taxi.
Circle Syracuse Taxi.................. RF300-21755 ...........
Gulf Oil Corporation/East China School RF300-19669 10/13/93
Dist. et al.
Gulf Oil Corporation/Schmidt Baking RF300-20093 10/12/93
Company, Inc..
Northwood Local Schools et al ........ RF272-87137 10/15/93
Texaco Inc./Columbia Gas Transmission. RF321-15562 10/15/93
Haley Bros. Inc....................... RF321-17543 ...........
Texaco Inc./Limewood Corp. et al...... RF321-2360 10/12/93
Town of Great Barrington Massachusetts RF272-88424 10/13/93
et al.
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Dismissals
The following submissions were dismissed:
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Name Case No.
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Amador County Unified.............................. RF272-81938
Denver Oil Co...................................... RF321-19908
Don's Texaco....................................... RF321-19542
Elliott Petroleum Company.......................... RF340-97
Gain Oil Co........................................ RF321-19909
Gray Butane Wholesalers, Inc....................... RF340-75
Intsel Corporation................................. RF340-87
M.M. Fowler Co..................................... RF300-21491
New Baltimore Fuel & Supply, Inc................... RF321-19907
Sherman Central School............................. RF272-83002
Wall Shell Service, Inc............................ RF315-9143
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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, SW.,
Washington, DC 20585, Monday through Friday, between the hours of 1
p.m. and 5 p.m., except federal holidays. They are also available in
Energy Management: Federal Energy Guidelines, a commercially published
loose leaf reporter system.
Dated: January 13, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-1381 Filed 1-19-94; 8:45 am]
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