[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)] [Notices] [Pages 48145-48146] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-23354] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Office of Hearings and Appeals Notice of Issuance of Decisions and Orders for the Week of October 16 Through October 20, 1995 During the week of October 16 through October 20, 1995, the decisions and orders summarized below were issued with respect to appeals, [[Page 48146]] applications, petitions, or other requests 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. 20585-0107, 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. Some decisions and orders are available on the Office of Hearings and Appeals World Wide Web site at http://www.oha.doe.gov. Dated: August 29, 1996 Richard W. Dugan, Acting Director, Office of Hearings and Appeals. Department of Energy Office of Hearings and Appeals Washington, D.C. 20585 Decision List No. 942 Week of October 16 through October 20, 1995. Appeals Cohen & Cotton, 10/18/95, VFA-0082 Cohen & Cotton filed an Appeal from a denial by the Western Area Power Administration (WAPA) of a Request for Information which the firm had submitted under the Freedom of Information Act (the FOIA). In considering the Appeal, the DOE found that the document requested by Cohen & Cotton, a Preliminary Real Estate Plan, did not exist because it was not WAPA's customary practice to prepare such a document. Since no responsive document exists, the Appeal was denied. Portland General Electric Company, 10/20/95, VFA-0084 Portland General Electric Company (PGE) filed an Appeal from a partial denial by the Bonneville Power Administration (BPA) of a Request For Information that it had submitted under the Freedom of Information Act. PGE maintained that additional responsive documents must exist. In considering the Appeal, the DOE found that BPA had misconstrued the scope of PGE's request. Accordingly, the Appeal was granted in part and the matter was remanded to BPA with directions to issue a new determination after consulting with PGE concerning the scope of its request. Personnel Security Hearing Albuquerque Operations Office, 10/17/95, VSO-0040 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. After carefully considering the record of the proceeding in view of the standards set forth in Part 710, the Hearing Officer found that the individual uses alcohol habitually to excess, based on his long history of alcohol dependence and evidence that he continues to drink heavily, and that his alcohol use constitutes a mental illness that causes a significant defect in judgment and reliability. The Hearing Officer also found that the individual has engaged in unusual conduct, particularly with respect to willfully breaching the terms of a plea bargain agreement, that tends to show that he is not honest, trustworthy, or reliable. The DOE's security concerns regarding these behaviors were not overcome by any evidence mitigating the derogatory information underlying the DOE's charges. Accordingly, the Hearing Officer found that the individual should not be granted access authorization. Refund Application Texaco Inc./L & R Texaco, 10/17/95, RF321-17243 The Department of Energy (DOE) issued a Decision and Order granting in part an application that was filed by L & R Texaco (L & R). L & R was a partnership, and the application was filed by the surviving partner and three children of the other partner, who died intestate. The DOE granted the application as it pertained to the surviving partner, but denied the application as it pertained to the children of the deceased partner, finding that, under the applicable state law, the deceased partner's refund should go to his widow, and not to the children. 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. Adams County Co-Op, et al........ RF272-94118 10/17/95 LTV Energy Products, et al....... RF272-78116 10/20/95 Racine County, WI, et al......... RF272-97545 10/17/95 Simeone Corporation.............. RF272-77896 10/17/95 Statler Tissue Co., et al........ RK272-518 10/17/95 Texaco Inc./Donald E. Foster..... RF321-12205 10/20/95 Chain Oil Co..................... RF321-12208 Texaco Inc./Pattersons's Texaco.. RF321-20746 10/20/95 Van Brunt Texaco................. RF321-20768 Wolk Properties, et al........... RF272-77655 10/17/95 Dismissals The following submissions were dismissed: ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ Crane, TX.................................... RF272-86292 Goodhue Lumber Company....................... RF300-21437 Government Accountability Project............ VFA-0090 Hill Brothers Atlantic....................... RF304-15055 Kerrville Bus Co., Inc....................... RF300-21357 Leonard's Texaco Service..................... RF321-20630 Penry's Texaco............................... RF321-16247 Rutland, MA.................................. RF272-86322 Snow's Texaco................................ RF321-20602 ------------------------------------------------------------------------ [FR Doc. 96-23354 Filed 9-11-96; 8:45 am] BILLING CODE 6450-01-P