[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)] [Notices] [Pages 60697-60698] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-30448] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Notice of Issuance of Decisions and Orders During the Week of October 7 Through October 11, 1996 During the week of October 7 through October 11, 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: November 20, 1996. George B. Breznay, Director, Office of Hearings and Appeals. Decision List No. 2 Week of October 7 Through October 11, 1996 Personnel Security Hearing ALBUQUERQUE OPERATIONS OFFICE, 10/9/96, VSO-0099 An Office of Hearings and Appeals Hearing Officer issued an opinion addressing the continued eligibility of an individual for access authorization under the provisions of 10 C.F.R. Part 710. The Hearing Officer found that the Albuquerque Operations Office had presented sufficient evidence to show that the individual (i) deliberately omitted significant information from a security questionnaire, (ii) is a user of alcohol habitually to excess and suffers from alcohol abuse, and (iii) has engaged in conduct which tends to show that he is not reliable. The Hearing Officer also found that the individual had not shown he was rehabilitated or presented evidence which mitigated the security concerns of the DOE. Accordingly, the Hearing Officer recommended that the individual's access authorization not be restored. Whistleblower Proceeding META, INC., LOGISTICS APPLICATIONS, INC., 10/08/96, VWA-0006, VWA-0012 Eugene Greer filed a complaint under the Department of Energy's Contractor [[Page 60698]] Employee Protection Program. Greer alleged that he lost his employment with META, Inc., as a result of his cooperation with an investigation conducted by the Office of Inspector General into misuse of government property by two DOE employees responsible for supervising the META contract. The investigation resulted in a reprimand for one of the DOE employees. There was no allegation that META intentionally did anything improper, but that the two DOE officials who were the subjects of the IG investigation orchestrated Greer's dismissal by making negative comments about his work to META officials. META claimed that Greer's dismissal was the result of a corporate reorganization and that the DOE officials had no input into the decision. The Hearing Officer found that Greer had not sustained his burden of demonstrating that DOE officials contributed in any way to his dismissal. The Hearing Officer noted that it is often impossible for the complainant to find a ``smoking gun'' that proves an employer's retaliatory intent and that the testimony of contractor officials who have been accused of retaliating must be viewed with some skepticism. However, since there was no allegation of intentional wrongdoing and the testimony presented by META officials was consistent and reasonable, the Hearing Officer found their testimony to be credible. Consequently, he found that Greer's role in the IG investigation had no bearing upon the loss of his employment. Consequently, the relief Greer requested was denied. Refund Applications STATE ESCROW DISTRIBUTION, 10/11/96, RF302-19 The Office of Hearings and Appeals ordered the DOE's Office of the Controller to distribute $15,400,000 to the State Governments. The use of the funds by the States is governed by the Stripper Well Settlement Agreement. THE 341 TRACT UNIT OF THE CITRONELLE FIELD/NATIONAL COOPERATIVE REFINERY, ET AL., 10/10/96, RF345-69, ET AL. The Department of Energy granted Applications for Refund filed by five refiner cooperatives in the 341 Tract Unit of the Citronelle Field refund proceeding. The DOE rejected arguments by a group of Utilities, Transporters and Manufacturers and a group of States to the effect that these refiner cooperatives had previously waived their rights to receive more than the 5.4 percent share allocated to other refiners. The DOE also determined that the refunds should not be disbursed until it was clear that no appeal of the determination had been filed. The funds will be placed in a separate interest bearing account earmarked for these refiner cooperatives, who will be entitled to their refunds as well as accrued interest, should the outcome of any litigation be favorable to them. The total refund granted was $1,746,845. 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. ---------------------------------------------------------------------------------------------------------------- Name of firm Case No. Received ---------------------------------------------------------------------------------------------------------------- CITY OF KERNERSVILLE..................................... RC272-354 10/10/96 TOWNSHIP OF PRINCETON.................................... RC272-355 CRUDE OIL SUPPLE REF DIST................................ RB272-00088 10/8/96 EAST POINT TRAWLERS, INC................................. RJ272-23 10/7/96 GRAY TRUCK CO., ET AL.................................... RF272-97946 10/11/96 KEIGHTLY BROS. INC....................................... RC272-333 10/8/96 POLK CNTY FARMERS COOP., ET AL........................... RF272-97804 10/8/96 REDWING CARRIERS, INC., ET AL............................ RG272-00096 10/7/96 ---------------------------------------------------------------------------------------------------------------- Dismissals The following submissions were dismissed. ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ AMERICAN FALCON CORP......................... RF272-90314 COCA-COLA BOTTLING CO. CONSOLIDATED.......... RF272-92518 COLUMBUS CONSOLIDATED GOVT................... RF272-95156 EQUITY COOPERATIVE........................... RG272-706 GREAT WESTERN AIRLINES, INC.................. RG272-1004 ITALIANO & PLACHE, L.L.P..................... VFA-0219 MONTGOMERY TANK LINES........................ RG272-465 OAK RIDGE OPERATIONS OFFICE.................. VSO-0107 SCHENECTADY NAVAL REACTORS OFF............... VSO-0112 SQUAW LAKE COOPERATIVE CO.................... RG272-707 SUTHERLAND FARMERS COOP...................... RG272-491 ------------------------------------------------------------------------ [FR Doc. 96-30448 Filed 11-27-96; 8:45 am] BILLING CODE 6450-01-P