[Federal Register Volume 61, Number 172 (Wednesday, September 4, 1996)] [Notices] [Pages 46640-46641] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-22491] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Notice of Issuance of Decisions and Orders by the Office of Hearings and Appeals; Week of July 17 through July 21, 1995 During the week of July 17 through July 21, 1995, 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 list of submissions that were dismissed by the Office of Hearings and Appeals. 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: August 19, 1996. George B. Breznay, Director, Office of Hearings and Appeals. Request for Exception Big Little Stores, Inc., 7/19/95, VEF-0005 Big Little Stores, Inc., 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 this request, the DOE found that the firm was not suffering gross inequity or serious hardship. Therefore, the DOE denied the Big Little Stores' Application for Exception. Implementation for Special Refund Procedures Western Asphalt Service, Inc., et al., 7/17/95 LEF-0047 et al. The DOE issued a Decision and Order implementing procedures for the distribution of $29,376,255.50 (plus accrued interest) obtained from Western Asphalt Service, Inc., Gray Trucking Company, William Valentine & Sons, Inc., Dorchester Master Limited Partnership, Howell Corporation, Placid Oil Company, Eton Trading Corporation. These funds were remitted by each firm to the DOE to settle possible pricing violations with respect to sales of crude oil. The DOE determined that these monies will be distributed in accordance with the DOE's Modified Statement of Restitutionary Policy Concerning Crude Oil Overcharges. Under that policy, 20% will be reserved for injured purchasers of refined products, 40% will be distributed to the federal government, and 40% to the states. Personnel Security Hearing Albuquerque Operations Office, 7/21/95, VSO-0023, VSZ-0003, VSZ-0004 A Hearing Officer from the Office of Hearings and Appeals issued an Opinion regarding the eligibility of an individual for access authorization under the provisions of 10 C.F.R. Part 710. As preliminary matters, a motion to dismiss the proceeding for lack of authority and a motion to strike certain documentary evidence were denied. The Hearing found that although the individual has used marijuana a limited number of times over a 20-year period, his subsequent rehabilitation from that behavior mitigated the DOE's security concerns. The Hearing Officer also found, however, that the individual had misrepresented his marijuana use to the DOE by omitting significant information from forms and at interviews, and that the DOE's security concerns regarding this behavior were not overcome by any mitigating factors. Accordingly, the Hearing Officer found that the individual's access authorization should not be restored. 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. CITY OF CANTON........................................... RF272-97125 07/17/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-12 07/17/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-21 07/17/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-19 07/17/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-23 07/19/95 CRUDE OIL SUPPLEMENTAL REFUND............................ RB272-28 07/19/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-26 07/19/95 CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-16 07/20/95 DALCO PETROLEUM, INC./GREAT PLAINS GAS................... RF248-13 07/17/95 DALE TRACY ET AL......................................... RK272-81 07/19/95 M.S.A.D. #29 ET AL....................................... RF272-86541 07/19/95 MARION COUNTY, KY ET AL.................................. RF272-95475 07/19/95 McLOUD SCHOOL DISTRICT, OKLAHOMA ET AL................... RF272-95451 07/19/95 METROPOLITAN PETROLEUM & FUEL/ZINN COMPANIES, INC........ RF349-21 07/19/95 MOHASCO CARPET CORPORATION............................... RC272-308 07/17/95 MOHAWK COMMERCIAL CARPET................................. RC272-309 MOHASCO CARPET CORPORATION............................... RC272-310 SUPERIOR KNITS ET AL..................................... RF272-77524 07/20/95 TEXACO INC./ROOSEVELT TEXACO ET AL....................... RF321-12899 07/19/95 TOMS RIVER SCHOOLS ET AL................................. RF272-86349 07/19/95 Dismissals The following submissions were dismissed: [[Page 46641]] ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ BUCK'S TRUCK STOP, INC....................... RF315-10189 CITY OF SANGER............................... RF272-96104 KALAMA CHEMICAL, INC......................... RF272-90203 McREE TEXACO & DRIVE IN GROCERY.............. RF321-14130 OLD TOWN PLAZA SERVICE STATION............... RF304-14463 RICHMOND, FREDERICKSBURG, AND POTOMAC RF321-14111 RAILROAD CO.. ------------------------------------------------------------------------ [FR Doc. 96-22491 Filed 9-3-96; 8:45 am] BILLING CODE 6450-01-P