[Federal Register Volume 61, Number 201 (Wednesday, October 16, 1996)] [Notices] [Pages 53917-53918] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-26424] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Issuance of Decisions and Orders; Week of August 12 Through August 16, 1996 During the week of August 12 through August 16, 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. 985 Appeal Greenpeace, 8/12/96, VFA-0186 The Department of Energy denied a Freedom of Information Act Appeal that was filed by Greenpeace. In its Appeal, Greenpeace sought the release of transcripts of certain electronic mail communications. In the decision, the DOE found that the transcripts were properly withheld under Exemption 5. Refund Application Midwest Specialized Transportation, Inc., 8/14/96, RF272-97965 The DOE denied an Application for Refund filed on behalf of Midwest Specialized Transportation, Inc. (MST) in the crude oil refund proceeding. Prior to the filing of MST's Application, MST had applied for a refund in the Surface Transporters proceeding. After MST informed the DOE in 1987 that MST's owner-operators had purchased more than 99 percent of the fuel used in MST's surface transportation activities, and MST had itself purchased less than 250,000 gallons, the DOE found MST [[Page 53918]] ineligible for a Surface Transporters refund. In MST's 1994 Subpart V crude oil refund, the applicant claimed that it, not its owner/ operators, purchased 2,298,915 gallons of refined petroleum products. In its decision, the DOE determined that because MST had now proved that it bought more than 250,000 gallons, it had been eligible for a Surface Transporters refund. Thus, the applicant's Stripper Well waiver was effective, and the DOE denied MST's Subpart V refund application. Further, the DOE could not reopen the Surface Transporters proceeding, as the proceeding closed years ago, and the applicant failed to present any adequate reason for failing to submit a timely Motion for Reconsideration in that earlier proceeding. Dismissals The following submissions were dismissed: ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ BROOKS SCANLON, INC..................... RF272-97995 CITY OF RICHARDSON...................... RF272-95234 ROCKY FLATS FIELD OFFICE................ VSO-0105 SOUTHLAND POWER CONSTRUCTORS............ RF272-77584 TRAP ROCK INDUSTRIES, INC............... RF272-95254 ------------------------------------------------------------------------ [FR Doc. 96-26424 Filed 10-15-96; 8:45 am] BILLING CODE 6450-01-P