[Federal Register Volume 59, Number 25 (Monday, February 7, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-2731] [[Page Unknown]] [Federal Register: February 7, 1994] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Office of Hearings and Appeals Notice of Issuance of Decisions and Orders; Week of November 1 Through November 5, 1993 During the week of November 1 through November 5, 1993, the decisions and orders summarized below were issued with respect to 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 Natural Resources Defense Council, 11/1/93 LFA-0150 The Natural Resources Defense Council filed an Appeal from a denial by the Office of Military Application of a request for information that it filed under the Freedom of Information Act (FOIA). In considering the information that was withheld as classified material under Exemption 3 of the FOIA, after a review by the DOE's Office of Classification, the DOE determined that a small portion of previously withheld material could now be released as the result of more precise deletions. The remaining withheld material continues to be properly classified, and therefore, may not be released. Accordingly, the Appeal was granted in part and denied in part. Valley Times, 11/1/93, LFA-0325 Valley Times filed an Appeal from a partial denial by the Office of the Inspector General (OIG) of a request for information which the company had submitted in accordance with the Freedom of Information Act. In considering the Appeal, the DOE found that the names of certain former Lawrence Livermore National Laboratory employees who were under investigation by the OIG for possible conflict of interest violations were improperly withheld under Exemptions 6 and 7(C) and that the names should be released to the public. On remand, the OIG must release the names of the subject of its conflict of interest investigation or explain why it is inappropriate to do so. Refund Applications Gulf Oil Corporation/New York Telephone Co., 11/4/93, RR300-252 The DOE issued a Decision and Order concerning a Motion for Reconsideration filed in the Gulf Oil Corporation special refund proceeding by Allin M. Means, President of Resource Refunds, Inc. (RRI), on behalf of the New York Telephone Co. In its Motion, RRI requested reconsideration of an April 13, 1993 Decision and Order that dismissed NY Telephone's refund Application on the ground that it was filed after the March 1, 1993 deadline for submissions in the Gulf proceeding. See Gulf Oil Corp./Bresett, 23 DOE 85,031 (1993). In considering RRI's Motion, the DOE determined that RRI had not presented any compelling reason that would warrant acceptance of the late Application. In addition, the DOE determined that RRI's conduct in connection with the Application did not meet the standards applicable to participants in agency proceedings. Accordingly, the DOE determined that RRI should take specified remedial measures designed to prevent the reoccurrence of the conduct in question. Accordingly, the Motion for Reconsideration was denied, and RRI was ordered to take the specified measures. Texaco Inc./ Yankee Oil Co., Inc.; F.L. Roberts & Co., Inc., 11/4/93, RF321-17264, RF321-19930 The DOE issued a Decision and Order granting an Application for Refund filed by the sole shareholders of Yankee Oil Co., Inc. (Yankee), and modified a refund previously granted to F.L. Roberts & Co., Inc. (Roberts). In August 1978, Yankee had sold some of its assets, including its supply contract with Texaco, to Roberts. In considering the Yankee claim, the DOE found that Roberts had been granted a refund based upon purchases of Texaco products made by Yankee prior to May 1976. Roberts conceded that it was not eligible for a refund based upon these purchases but argued that it was eligible for a refund based upon purchases made after April 1976, when Yankee signed a supply contract with Texaco. The DOE held that the right to a refund is an asset separate from the supply contract and was not transferred to Roberts by the transfer of the supply contract. However, Roberts was eligible for a refund based upon Texaco products purchased beginning in August 1978. Therefore the Roberts refund was reduced by the amount of the refund it had incorrectly received in an earlier Decision. As a result, Roberts was granted a refund of $11,381 ($8,300 principal plus $3,081 interest). Yankee was granted a refund of $48,206 ($35,156 principal plus $13,050 interest) based upon purchases made from March 1973 until August 1978. 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/Don's Arco of Eugene........................... RF304-14734 11/05/93 Atlantic Richfield Company/Geroulo Coal & Oil Co. et al................... RF304-13275 11/04/93 Atlantic Richfield Company/Maryland Avenue Arco et al..................... RF304-13644 11/04/93 Atlantic Richfield Company/Southern Shore Yacht Club et al................ RF304-14050 11/04/93 Beacon Oil Company/E.J. Brown............................................. RR238-2 11/04/93 City of Plainwell et al................................................... RF272-83023 11/05/93 County of Siskiyou........................................................ RF272-87454 11/05/93 Tangipahoa Parish......................................................... RF272-87729 .............. Enron Corp./Mitchell Butane Gas Sales, Inc................................ RF340-78 11/04/93 Great Plains Gas Division................................................. RF340-94 .............. Enron Corp./Witt Propane Gas Corp......................................... RF340-108 11/04/93 Schupback-Streitmatter Gas Co. Inc........................................ RF340-148 .............. Gateway Inn et al......................................................... RF272-81807 11/05/93 Gulf Oil Corporation/City of Dallas....................................... RF300-21756 11/01/93 Gulf Oil Corporation/H.C. Davis Jr........................................ RF300-5920 11/01/93 Riverside Coal & Oil...................................................... RF300-15119 .............. Collingwood & Seaman Oil Co............................................... RF300-16218 .............. Gulf Oil Corporation/Pillow's Gulf et al.................................. RF300-19759 11/05/93 Gulf Oil Corporation/Tri-County Oil Company, Inc.......................... RF300-15052 11/01/93 Jackson Trucking Co. et al................................................ RF272-91501 11/02/93 Moroni Feed Company....................................................... RF272-67497 11/05/93 Murphy Oil Corp./Butler Taconite.......................................... RF309-1079 11/05/93 Plainfield Iron & Metal Corp.............................................. RF272-91349 11/02/93 Syracuse University et al................................................. RF272-77723 11/01/93 Texaco Inc./Charlotte Road Texaco......................................... RF321-19165 11/02/93 Frieden Texaco............................................................ RF321-19168 .............. Soileau's Texaco.......................................................... RF321-19172 .............. Texaco Inc./Lacey & Lacey Consignee....................................... RF321-19947 11/02/93 Texaco Inc./Ski's Texaco et al............................................ RF321-6909 11/05/93 Texaco Inc./Western Circle Texaco......................................... RF321-19941 11/02/93 Texaco Inc./Woodland Ave. Texaco et al.................................... RF321-10638 11/04/93 Town of Wickenburg, Arizona et al......................................... RF272-88023 11/05/93 Dismissals The following submissions were dismissed: ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ Barnhill Contracting Company........................ RF272-15826 C. Ryan & Son, Inc.................................. RF321-4438 C.W. Stephenson Oil Co.............................. RF321-19601 Chama Texaco........................................ RF321-18591 Essington Texaco Service Station.................... RF321-16954 John W. Osenbaugh................................... LFA-0324 Kentucky Transportation, Inc........................ RF300-20158 Linwood Texaco Service Station...................... RF321-16955 Town of Waterboro................................... RF272-82939 Westwego Aviation Corporation....................... RF300-20143 Willmar Regional Treatment Center................... RF272-85443 ------------------------------------------------------------------------ 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. February 1, 1994. George B. Breznay, Director, Office of Hearings and Appeals. [FR Doc. 94-2731 Filed 2-4-94; 8:45 am] BILLING CODE 6450-01-P