[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]


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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:

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                     Name                               Case No.        
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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              
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[FR Doc. 96-23354 Filed 9-11-96; 8:45 am]
BILLING CODE 6450-01-P