[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Notices]
[Pages 9682-9683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4192]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders; Week of November 28
through December 2, 1994
Office of Hearings and Appeals
During the week of November 28 through December 2, 1994 the
decisions and orders summarized below were issued with respect to
appeals and 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.
Appeal
Weed Associates, 12/2/94, VFA-0009
Weed Associates (Weed) filed an Appeal from a determination issued
to it on September 27, 1994, by the Office of Placement and
Administration (OPA), an element of the Office of Headquarters
Procurement Operations. In that determination, OPA denied in part
Weed's request for information filed under the Freedom of Information
Act (FOIA). In its Appeal, Weed challenged OPA's application of
Exemption 4 to portions of the requested documents and asked that the
DOE direct OPA to release the withheld portions of the documents. In
considering the Appeal, the DOE found that OPA properly withheld some
of the information at issue under Exemption 4. However, DOE found that
the release of other portions of information would not cause
substantial competitive harm to the submitter, and ordered their
release. Therefore, the DOE granted in part Weed's Appeal.
Refund Applications
Miller Drilling Co. et al., 12/1/94, RF272-164 et al.
The Department of Energy denied a Motion for Reconsideration filed
by Miller Drilling Co. and six affiliated companies. The movants sought
reconsideration of a Decision in which the DOE denied the Applications
for Refund that they filed in the Subpart V crude oil refund
proceeding. In the Decision, the DOE stated that the earlier denial was
based upon a finding that one of the movants' affiliated companies had
applied for and received a refund from one of the eight stripper well
escrow accounts, and in so doing had executed a valid and binding
waiver of its and any affiliate's right to file a subpart V crude oil
claim. The movants argued that they should nonetheless receive a
Subpart V refund because the gallonages claimed in their respective
Subpart V applications were not included in the earlier stripper well
claim, and because the movants were owned in part by a company that
filed the stripper well claim. The DOE rejected these claims, finding
that the waiver was clearly applicable to the movants.
Texaco Inc./David Blvd. Texaco, 11/30/94, RF321-19219
The DOE issued a Decision and Order denying an Application for
Refund in the Texaco Inc. special refund proceeding. John Jarovics
(Jarovics) and Robert Kapner (Kapner) filed an Application Refund on
behalf of Davie Blvd. Texaco, a service station located Ft. Lauderdale,
Florida, for its purchases of Texaco petroleum products from Martin
Petroleum (Martin). Martin [[Page 9683]] previously had been granted a
refund for a service station at the same address as David Blvd. Texaco.
Martin informed the OHA that it consigned its Texaco product purchases
to various subleases of the station, of which Jarovics and Kapner were
one. Jarovics and Kapner could not produce any evidence which could
substantiate their claim that they purchased the Texaco products from
Martin and did not take the products on consignment. The DOE determined
the consignees of purchasers of Texaco products were not eligible for a
refund and that Jarovics and Kapner had failed to establish that they
in fact purchased the Texaco products from Martin. Consequently, the
DOE determined that granting Jarovics and Kapner a refund would not
constitute restitution for Texaco's alleged overcharges and their
Application for Refund should be denied.
Texas Utilities Company, 11/28/94, RC272-265
A refund was granted to Texas Utilities Company (TUC) in the
Subpart V crude oil refund proceeding in a decision dated September 29,
1994 (Case No. RF272-94695). However, a subsidiary of TUC, Texas
Utilities Electric Company, had executed a Utilities Escrow Settlement
Claim Form and Waiver and Release in the Department of Energy Stripper
Well Exemption Litigation. The execution of this form waived the rights
of the signatory, its parent and any affiliates to any future crude oil
refund payments. Upon discovering the waiver signed by the subsidiary,
the refund granted in Case No. RF272-94695 was rescinded.
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/Schock Arco.................................... RF304-15462 11/29/94
Choctaw County et al...................................................... RF272-86600 11/30/94
Clark Oil & Refining Corp./Coleman's Clark Service........................ RF342-327 11/29/94
Farmers Union Oil Co. et al............................................... RF272-86706 12/02/94
Farmers Union Oil Co. of Gary et al....................................... RF272-92058 12/02/94
Glendenning Motorways, Inc................................................ RC272-266 11/29/94
Ralston Purina Co......................................................... RF272-91916 11/29/94
Ralston Purina Co......................................................... RF272-92153 ..............
Ralston Purina Co......................................................... RF272-97112 ..............
Texaco Inc./Baker's Texaco #2............................................. RF321-21040 12/01/94
Texaco Inc./Curran's Texaco............................................... RF321-21048 11/30/94
Texaco Inc./E.A. Wilson Co................................................ RF321-12963 12/02/94
Booker Gas & Oil Co....................................................... RF321-20875 ..............
Bryant Oil Co., Inc....................................................... RF321-20964 ..............
Texaco Inc./Lake Worth Texaco et al RF321-20199 11/30/94
Texaco Inc./Lee's Texaco et al............................................ RF321-9564 11/30/94
Texaco Inc./North Union Texaco et al...................................... RF321-8212 11/30/94
Texaco Inc./Ray Wietor's Texaco et al..................................... RF321-1229 11/30/94
Texaco Inc./Spiros Karamalegos............................................ RF321-21025 12/01/94
Dismissals
The following submissions were dismissed:
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Name Case No.
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Arlington School District......................... RF272-80198
Arnold's Texaco #1................................ RF321-19807
D. Thurston's Sons, Inc........................... RF321-12648
Farmers Union Oil Co. of Gary..................... RF272-92060
Farmers Union Oil Co. of Gary..................... RF272-92059
H. C. Petroleum, Inc.............................. LEE-0094
Leon Clements..................................... RF321-12473
Leon Faddis & Son, Inc............................ RF272-94771
Oak Hill Texaco................................... RF321-12398
Ray Marchand Oil Co............................... VEE-0002
Robert Texaco..................................... RF321-12405
Rubicon, Inc...................................... RR321-172
Supervalu, Inc.................................... RF321-20514
Wilkinson County.................................. RF272-85575
Wounded Knee School District...................... RF272-80454
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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, 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.
Dated: February 13, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-4192 Filed 2-17-95; 8:45 am]
BILLING CODE 6450-01-P