[Federal Register Volume 61, Number 201 (Wednesday, October 16, 1996)]
[Notices]
[Pages 53916-53917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26423]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
June 10 Through June 14, 1996
During the week of June 10 through June 14, 1996, the decisions and
orders summarized below were issued with respect to appeals,
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, SW,
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: October 7, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 976
Personnel Security Hearings
Albuquerque Operations Office, 6/10/96, VSO-0083
A DOE Hearing Officer issued an Opinion concerning the eligibility
of an individual for continued access authorization. The Hearing
Officer found that the individual had not mitigated the security
concern arising from his occasional use of marijuana over a 14-year
period. Most importantly, the Hearing Officer concluded that there had
not been sufficient time since the individual's last use of marijuana
to indicate that he will refrain in the future from the use of illegal
drugs. The Hearing Officer also found that the individual had failed to
mitigate the security concerns associated with (1) his deliberate
falsification of significant information concerning his prior drug use
on his QSP or (2) his recent arrest for speeding, evading arrest, and
possession of drug paraphernalia. Accordingly, the Hearing Officer
recommended that the individual's access authorization should not be
restored.
Albuquerque Operations Office, 6/12/96, VSA-0061
An individual filed a request for review of a DOE Hearing Officer's
recommendation against restoring his access authorization. The access
authorization had been suspended by the Department of Energy's
Albuquerque Operations Office (DOE/AL) upon its receipt of derogatory
information indicating that the individual had engaged in unusual
conduct tending to show that he is not honest, reliable, or
trustworthy.
Upon review, the individual claimed (1) that he did not commit any
crimes related to the non-filing of income tax returns and the non-
payment of income tax, and (2) that his actions did not constitute
unusual conduct. The Director found that the issues presented by the
individual did not mitigate the DOE's security concerns. Accordingly,
the Director found that the individual's access authorization should
not be restored.
Request for Exception
Mercury Fuel Service, Inc., 6/14/96, VEE-0020
The Department of Energy granted exception relief to Mercury Fuel
Service, Inc., from its obligation to file Form EIA-782B. In the
Decision, the DOE determined that the filing requirement imposed a
severe burden on Mercury because the owner and other key administrative
personnel who could complete the form were experiencing severe health
problems. The DOE, therefore, relieved Mercury of its obligation to
file the form until September 1997.
Supplemental Order
C. Lawrence Cornett, 6/13/96, VWX-0009
A Hearing Officer from the Office of Hearings and Appeals issued an
Order to Show Cause regarding a Motion to Dismiss filed by Maria Elena
Torano Associates, Inc. (META). META sought the dismissal of a
complaint filed by C. Lawrence Cornett under the DOE's Contractor
Employee Protection Program, 10 C.F.R. Part 708. In its Motion, META
alleged that it did not perform work at DOE sites as defined by Section
708.4, and thus it was not subject to Part 708 jurisdiction. After
reviewing the affidavits submitted by the parties on the nature and
extent of work activities performed by META employees, the Hearing
Officer issued an Order to Show Cause and scheduled a hearing on the
jurisdictional issue raised by META.
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.
Boston Buffalo Express, Inc.......... RG272-325............ 06/13/96
City of NAPA et al................... RA272-73............. 06/11/96
Cravat Coal Co., Inc................. RG272-318............ 06/13/96
Equitable Gas Company et al.......... RF272-77197.......... 06/13/96
Golden Cat Division/Ralston Purina RJ272-00012.......... 06/13/96
Company.
Gulf Oil Corporation/Bob's Gulf...... RF300-16872.......... 06/13/96
Gulf Oil Corporation/C.B. Hughes..... RF300-21832.......... 06/14/96
Kenneth Whipple et al................ RK272-02055.......... 06/14/96
Lacrescent Oil Company............... RG272-328............ 06/13/96
New Orleans Public Service, Inc...... RF272-88742.......... 06/11/96
North Florida Transport Service, Inc. RG272-311............ 06/13/96
Silvey Refrigerated Carriers, Inc.... RF272-77714.......... 06/13/96
St. Peter's Parish et al............. RF272-97803.......... 06/11/96
Yellow Freight System, Inc........... RG272-355............ 06/13/96
Dismissals
The following submissions were dismissed:
[[Page 53917]]
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Name Case No.
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Affiliated Aggregates........................ RF272-98169
American Safety Service, Inc................. RF272-98198
Blachowske Truck Line, Inc................... RG272-330
Brisbane Elementary School................... RF272-95933
Central Sand & Gravel........................ RF272-98241
Chaseburg Farmers Union Co-op................ RG272-344
Choi Aviation Inc............................ RF272-97993
County Concrete Co........................... RF272-98254
Davidson Supply Co........................... RF272-98161
F. Randandt & Sons........................... RF272-98176
Fairchild-Florida Construction Co............ RF272-98257
Farmers Union Oil............................ RG272-292
Farmers Union Oil Co......................... RG272-317
Francis J. Palo, Inc......................... RF272-98206
Frank Silha & Sons Excavating................ RF272-98246
H.B. Rowe & Co., Inc......................... RF272-98251
Herlihy Mid-Continent Co..................... RF272-98248
Highways, Inc................................ RF272-98173
J.D. Eckman, Inc............................. RF272-98205
J.F. Allen Co................................ RF272-98258
John J. Mudge................................ VFA-0158
L.A.B. Flying Services Inc................... RF272-97987
Lang Bros., Inc.............................. RF272-98244
Louis & Armando Bolli........................ RF300-14605
McKay Contractors, Inc....................... RF272-98247
Miller Cable Co.............................. RF272-98172
Modale Cooperative Assn...................... RG272-354
Northern Pipeline Construction Co............ RF272-98252
P.J. Construction Co......................... RF272-98240
P.S. & F. Construction Co.................... RF272-98170
Pan American Construction Co................. RF272-98243
Rosebud Farmers Union Co-op.................. RG272-322
Ryan Air Services, Inc....................... RF272-97999
S.G. Hayes and Co............................ RF272-98253
Saint Charles County Co-op Co................ RG272-587
Saudi Arabian Airlines Corp.................. RG272-743
Schuykill, Inc............................... RF272-98174
Sheboygan Sand & Gravel...................... RF272-98177
Spartan Express.............................. RG272-619
Unalakleet Air Taxi.......................... RF272-97978
V.O. Menuez & Son, Inc....................... RF272-98255
Valley Seeding Co, Inc....................... RF272-98259
Wayne W. Sell Corp........................... RG272-343
Wilbur's Inc................................. RF272-97970
Zambia Airways Corp.......................... RF272-97947
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[FR Doc. 96-26423 Filed 10-15-96; 8:45 am]
BILLING CODE 6450-01-P