[Federal Register Volume 59, Number 209 (Monday, October 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26918]


[[Page Unknown]]

[Federal Register: October 31, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders; Week of September 12 Through 
September 16, 1994

    During the week of September 12 through September 16, 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

David W. Loveless, 09/13/94, LFA-0410

    David W. Loveless filed an Appeal from a determination issued by 
the Robotics Technology Development Program (Robotics Program) of the 
DOE's Office of Technology Development in response to a Request for 
Information submitted under the Freedom of Information Act (FOIA). Mr. 
Loveless sought information regarding the Westinghouse Idaho Nuclear 
Company (WINCO) Remote Tank Inspection (RTI) robot, as well as other 
Westinghouse robotics programs. In considering the Appeal, the DOE 
found that there was an inadequate search for materials. Accordingly 
the Appeal was granted and the request was remanded for a further 
search.

William D. Lawrence, 09/14/94, LFA-0409

    William D. Lawrence filed an Appeal from a determination issued to 
him by the Deputy Director of the Office of Intergovernmental Affairs 
of the DOE's Albuquerque Operations Office (Albuquerque Operations) in 
response to a Request for Information submitted under the Freedom of 
Information Act (FOIA). Albuquerque Operations had withheld in its 
entirety an Equal Employment Opportunity (EEO) counseling file under 
the deliberative process privilege of Exemption 5 and under Exemption 6 
of the FOIA.
    In considering the Appeal, the DOE found that most of the withheld 
material contained little or no deliberative material. Accordingly, the 
DOE found that this material could not be withheld pursuant to 
Exemption 5 without some further justification and reference to the 
policies articulated in the 1993 Memorandum of Attorney General Janet 
Reno concerning the FOIA. The DOE did find that some of the material 
related to a potential settlement was correctly withheld under the 
``executive'' privilege of Exemption 5. In considering withholdings 
under Exemption 6, the DOE found that Albuquerque Operations had 
correctly withheld the identities, personal identifiers (such as names, 
home addresses, phone numbers, and social security numbers), and 
information which would identify the EEO Complainant and witnesses on 
the grounds that such information would be a clearly unwarranted 
invasion of personal privacy without any offsetting public interest. 
The DOE determined that Albuquerque Operations should either release 
the remaining material or explain the basis for withholding. Finally, 
the DOE agreed with Albuquerque Operations that the EEO Counselor notes 
were, in this case, not ``agency records'' because they were not placed 
in DOE files nor shown to other DOE personnel and were kept or 
destroyed at the sole discretion of the EEO Counselor. Accordingly, the 
Appeal was granted in part, denied in part, and remanded to Albuquerque 
Operations for a new determination in accordance with the guidance set 
forth in the Decision and Order.

Implementation of Special Refund Procedures

Sunset Boulevard Car Wash, 09/12/94, LEF-0112

    The DOE issued a Decision and Order implementing procedures for the 
distribution of $52,093.73, plus accrued interest, in alleged 
overcharges obtained from Sunset Boulevard Car Wash (Sunset). These 
funds were remitted by Sunset to the DOE to settle possible pricing 
violations with respect to Sunset's sales of refined petroleum products 
during the period August 1, 1979 through January 27, 1980. The DOE 
determined that the funds will be distributed in accordance with the 
DOE's Subpart V refund procedures. Applications for Refund will be 
accepted from customers who purchased controlled refined petroleum 
products from Sunset during the period covered by the settlement. The 
specific information to be included in the Applications for Refunds, 
which must be submitted by June 1, 1995, is included in the Decision.

Refund Application

Charter Company/California, 09/15/94, RM23-270

    The DOE issued a Decision and Order granting a Motion for 
Modification filed by the State of California in the Charter Company 
second stage refund proceeding. In its Motion, California proposed to 
reallocate $850,000 of previously disbursed Charter monies to fund four 
transportation-related energy conservation projects. In accordance with 
prior Decisions, where we have noted the benefits of similar plans 
involving public transit and traffic synchronization systems, the DOE 
approved California's Motion.

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/Dennis Arco et al...................................  RF304-13375            09/14/94
Atlantic Richfield Company/Harry Crosby et al..................................  RF304-13641            09/12/94
Bloomington School District 87 et al...........................................  RF272-79369            09/12/94
Corinth S.A.D. #64 et al.......................................................  RF272-95500            09/15/94
Enron Corp./Tower Bottled Gas..................................................  RF340-56               09/13/94
Young Oil Company, Inc.........................................................  RF340-176                      
Rod Steinheiser Bottle Gas.....................................................  RF340-187                      
Ford County et al..............................................................  RF272-97007            09/16/94
Gulf Oil Corporation/Bobis Gulf et al..........................................  RF300-16659            09/15/94
Gulf Oil Corporation/Glen-Gery Corp. et al.....................................  RF300-20347            09/14/94
Illinois Power Company.........................................................  RF272-90781            09/12/94
Georgia Power Company..........................................................  RF272-93007                    
Longyear Company et al.........................................................  RF272-94710            09/15/94
Munday Pontiac et al...........................................................  RF272-93623            09/15/94
Texaco Inc./Couch Texaco.......................................................  RF321-20113            09/14/94
Viviano's Texaco Station #2....................................................  RF321-21030                    
Texaco Inc./Steve's Texaco Service et al.......................................  RF321-20202            09/14/94
Steve's Texaco Service.........................................................  RR321-162                      
                                                                                                                

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                        Name                               Case No.     
------------------------------------------------------------------------
Anacortes Van & Storage.............................  RF272-94610       
Capital International Airways.......................  RF272-90496       
Central State Hospital..............................  RF272-88891       
Champion Spark Plug Division........................  RF272-93723       
Consultec, Inc......................................  LFA-0412          
Covington Highway Texaco............................  RF321-20122       
Francis W. Taylor Co................................  RF272-94644       
Fred McGilvray, Inc.................................  RF272-97136       
Hamilton & Horne Products, Inc......................  RF321-19771       
J&D Texaco..........................................  RF321-16302       
Kennedy Van Saun Corp...............................  RF321-19990       
Kroger Company......................................  RF272-93687       
Rabe Brothers.......................................  RF272-94134       
Shallowford Rd. Texaco..............................  RF321-20123       
Shay's Service......................................  RF272-79580       
Steelcase Inc.......................................  RF272-90446       
Summit Oil Company..................................  RF351-25          
Teledyne Portland Forge.............................  RF272-90494       
Town of Bristol.....................................  RF272-97044       
U.S. Marine Corps Exchange..........................  RF321-20294       
Vermont Agency of Transportation....................  RF272-97103       
W.R. Grace & Company................................  RF272-93721       
Way's Texaco........................................  RF321-20428       
------------------------------------------------------------------------

    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 1:00 
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: October 25, 1994.

George B. Breznay,

Director, Office of Hearings and Appeals.

[FR Doc. 94-26918 Filed 10-28-94; 8:45 am]

BILLING CODE 6450-01-P