[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Notices]
[Pages 7534-7536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3139]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders; Week of November 7
Through November 11, 1994
During the week of November 7 through November 11, 1994 the
decisions and orders summarized below were issued with respect to
appeals and 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 [[Page 7535]] list of submissions
that were dismissed by the Office of Hearings and Appeals.
Appeals
Citizen Action, 11/07/94, VFA-0002
Citizen Action filed an Appeal from a determination issued by the
Energy Information Administration (EIA) of the Department of Energy in
response to its request under the Freedom of Information Act (FOIA).
Citizen Action sought information regarding an EIA study entitled ``The
Short Term Impact of Lower World Oil Prices on the U.S. Economy.'' In
considering the Appeal, the Office of Hearings and Appeals found that
EIA performed an adequate search for materials. Accordingly, the Appeal
was denied.
Jane Affleck, 11/07/94, VFA-0003
Ms. Jane Affleck filed an Appeal from a partial denial by the
Office of Intergovernmental and External Affairs, Albuquerque
Operations Office (AL) of a Request from Information which Ms. Affleck
had submitted under the Freedom of Information Act (FOIA). In
considering the Appeal, the Office of Hearings and Appeals (OHA) found
that AL properly applied Exemption 5 to one paragraph of the document
requested by Ms. Affleck. The paragraph had previously been reviewed in
a decision of the OHA and was found to be both pre-decisional and
deliberative. Accordingly, the Appeal was denied.
Requests for Exception
Capozzi Bros. Fuel Company, 11/07/94, LEE-0143
Capozzi Bros. Fuel Company (Capozzi) filed an Application for
Exception requesting permanent relief 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 Capozzi was not
experiencing a serious hardship, a gross inequity or an unfair
distribution of burdens as a result of the requirement that it file
Form EIA-782B. On August 16, 1994, the DOE issued a Proposed Decision
and Order determining that the exception request should be denied. No
Notice of Objections 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 Capozzi's Application for Exception.
Cooperative Oil Company, 11/07/94, LEE-0132
Cooperative Oil Company 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 a gross inequity or serious hardship. On August 19, 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 with 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
Cooperative Oil Company's Application for Exception.
Hattenhauer Dist. Co., 11/07/94, LEE-0146
Hattenhauer Distributing Company (Hattenhauer) 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.'' Hattenhauer claimed that it
should be relieved of the requirement because it had been filing the
Form since 1991 and because the task took the firm's limited office
staff four hours to complete each month. In considering this request,
the DOE found that Hattenhauer was not suffering a gross inequity or
serious hardship. Accordingly, on August 19, 1994, the DOE issued a
Proposed Decision and Order determining that the exception request
should be denied. Neither Hattenhauer nor any other party filed an
Objection to that Proposed Decision and Order, and the DOE issued it in
final form.
Johnson Oil Company, 11/07/94, LEE-0121
Johnson Oil 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 Johnson's request, the DOE found that the firm
was not experiencing a serious hardship or gross inequity. Accordingly,
exception relief was denied.
Pro Fuels, Inc., 11/07/94, LEE-0144
Pro Fuels, Inc. (Pro Fuels) filed an Application for Exception from
the Energy Information Administration (EIA) requirement that it file
Forms EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum Product
Sales Report,'' and EIA-821, the ``Annual Fuel Oil and Kerosene Sales
Report.'' In considering this request, the DOE found that the firm was
not suffering a gross inequity or serious hardship. Therefore, the DOE
denied Pro Fuels' Application for Exception.
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/Pearl Oil Company................................... RR304-69 11/09/94
City of Bridgeton et al........................................................ RF272-94918 11/09/94
City of El Cajon RR272-182 11/08/94
Custer County High School...................................................... RF272-79848 11/07/94
Dundee Central School District #1 et al........................................ RF272-84617 11/08/94
Farmers Union Oil Co. et al.................................................... RF272-92031 11/08/94
Franklin County Community School Corporation et al............................. RF272-81584 11/09/94
Gulf Chemical & Metallurgical et al............................................ RF272-93775 11/08/94
Gulf Oil Corporation/Hwy 31 Gulf et al......................................... RF300-13971 11/10/94
Gulf Oil Corporation/Jesse Cordell General Delivery et al...................... RF300-21393 11/10/94
Gulf Oil Corporation/St. Andrews Gulf.......................................... RF300-18756 11/07/94
St. Andrews Gulf............................................................... RF300-21800
St. Andrews Gulf............................................................... RF300-21812
Melton Gulf.................................................................... RF272-89346 11/09/94
Olin Corporation............................................................... RF272-93325 11/08/94
Paul Musselwhite Trucking Co................................................... RF272-93414 11/08/94
Rio Grande Sunoco.............................................................. RF272-97182 11/08/94
Texaco Inc./Jimmy Cooke's Texaco............................................... RF321-20429 11/08/94
Texaco Inc./Strawn Salvage Co. et al........................................... RF321-12525 11/10/94
[[Page 7536]]
Warrick Co. Farm Bureau Coop................................................... RF272-93758 11/08/94
Mauston Farmers Coop Assn...................................................... RF272-93765
Montana-Dakota Utilities Co.................................................... RF272-93779
Dismissals
The following submissions were dismissed:
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Name Case No.
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CSX Transportation, Inc.............................. RF321-20757
Dennis McQuade....................................... VFA-0006
E.C. Crosby & Sons, Inc.............................. RF321-20695
Economy Rentals, Inc................................. RF272-93453
Elgin Wipf........................................... RF321-11393
Englefield Oil Company............................... LEE-0148
Faulkner Bros., Inc.................................. RF321-4676
Ferro Corporation.................................... RF272-93208
International Business Machines Corp................. RF272-91403
McGil Specialized Carriers........................... RF321-19853
Petro Ltd............................................ RF349-19
Ray's Gulf........................................... RF300-13246
Rubicon Inc.......................................... RF321-18817
Sellers' Texaco...................................... RF321-482
Wayne's Texaco....................................... RF321-20660
Wempner's Texaco..................................... RF321-12919
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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 1:00
p.m. and 5:00 p.m., except Federal holiday. They are also available in
Energy Management: Federal Energy Guidelines, a commercially published
loose leaf reporter system.
February 2, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-3139 Filed 2-7-95; 8:45 am]
BILLING CODE 6450-01-P