[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)] [Notices] [Pages 57866-57867] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-28748] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Notice of Issuance of Decisions and Orders During the Week of September 16 Through September 20, 1996 During the week of September 16 through September 20, 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, 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: October 30, 1996. George B. Breznay, Director, Office of Hearings and Appeals. Decision List No. 990 Week of September 16 Through September 20, 1996 Appeals FOIA Group Inc., 9/18/96, VFA-0208 FOIA Group, Inc. (Appellant) filed an Appeal of a Determination issued to it by the Department of Energy (DOE) in response to a request under the Freedom of Information Act. In the Determination, DOE's Schenectady Naval Reactors Office stated it could not locate any documents responsive to the Appellant's request. Upon investigation, and clarification of the Appellant's inaccurate description of the requested documents, the OHA located the requested documents as being under the jurisdiction of Richland Operations Office (DOE/RL). Accordingly, the DOE granted the Appeal and directed the matter to DOE/ RL for further action. James D. Hunsberger, 9/20/96, VFA-0206 James D. Hunsberger filed an Appeal from a determination issued to him by the Office of Human Experiments of the Department of Energy (DOE) in response to a Request for Information submitted under the Freedom of Information Act (FOIA). Mr. Hunsberger had filed a lengthy FOIA request seeking information in DOE files concerning human radiation experiments in general and on any experiments which may have been performed on him in particular. He also sought information on intra- and inter-governmental sharing of human experiment data and on other related matters. In considering the Appeal, the DOE determined that the Office of Human Experiments had performed an adequate search. The DOE also found, however, that other parts of the Department might contain responsive records. The DOE also determined that parts of the request were so vague or broad that they could not form the basis of a reasonable search. Accordingly, the Appeal was denied in part, granted in part, and remanded to the Freedom of Information and Privacy Group of the DOE Executive Secretariat to determine which parts of Mr. Hunsberger's request could form the basis for a reasonable search, whether the agency might have responsive documents, and the appropriate place(s) to search for documents. Malcolm Parvey, 9/17/96, VFA-0205 The DOE's Office of Hearings and Appeals (OHA) issued a determination denying a Freedom of Information Act (FOIA) Appeal filed by Malcolm Parvey (Parvey). Parvey appealed the Western Area Power Administration's (WAPA) assessment of fees. OHA found that the fees were properly assessed. Refund Application Navy Resale and Services Support Office, 9/16/95, RF272-31780 The DOE issued a Decision and Order concerning an Application for Refund filed in the crude oil special refund proceeding. The Navy Resale and Services Support Office (NAVRESSO) applied for a refund based upon its purchases of motor gasoline which it then resold to military personnel and their dependents. In support of its application, NAVRESSO asserted that all profits from its operations were funneled into a morale, welfare and recreation fund (MWR Fund) which supports programs for members of the military and their dependents. Thus, NAVRESSO argued that it was economically inseparable from its customers and it should therefore be considered an end-user. NAVRESSO also argued that it should be granted a refund because it would funnel any refund it receives back to its customers through the MWR Fund. The DOE found that NAVRESSO was a retailer and that there was not such an identity of interest between NAVRESSO, the MWR Fund and the purchasers of NAVRESSO's gasoline to justify treating NAVRESSO as an end-user. Further, the DOE found that giving NAVRESSO a refund and having it distribute the refund through the MWR Fund would [[Page 57867]] not constitute sufficient restitution to the individuals actually injured by the overcharges. Because the DOE determined that NAVRESSO was not injured by the overcharges and that a refund to it would not provide restitution to injured persons, NAVRESSO's application was denied. 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. Cascade Aggregates, Inc. et al... RK272-00432............. 09/17/96 City of Hayward.................. RF272-69291............. 09/16/96 James Hagan; Thomas Hagan........ RJ272-19, RJ272-20...... 09/17/96 Lasalle Farmers Grain Co. et al.. RG272-631............... 09/16/96 Telleri Trucking Co. et al....... RG272-00544............. 09/18/96 Dismissals The following submissions were dismissed: ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ Dorchester Cooperative......................... RG272-670 Jack Daniel Distillery......................... RG272-848 Maywood Cooperative Association................ RF272-76889 Scandinavia Cooperative Produce Company........ RG272-585 Western Stone Products......................... RR272-244 ------------------------------------------------------------------------ [FR Doc. 96-28748 Filed 11-7-96; 8:45 am] BILLING CODE 6450-01-P