[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