[Federal Register Volume 61, Number 239 (Wednesday, December 11, 1996)] [Notices] [Pages 65207-65208] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-31420] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Notice of Issuance of Decisions and Orders by the Office of Hearings and Appeals; Week of November 11 Through November 15, 1996 During the week of November 11 through November 15, 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: December 4, 1996. George B. Breznay, Director, Office of Hearings and Appeals. Decision List No. 7 Week of November 11 through November 15, 1996. Appeals Nathaniel Hendricks, 11/13/96, VFA-0229 The OHA denied an appeal of a Freedom of Information determination issued by the Chicago Operations Office (COO). Previously, the OHA had remanded to COO a request by the appellant so that COO could search for responsive documents concerning five specific events that occurred in Chicago in the 1940's. The appellant conjectured that the events were connected with Manhattan Project. When COO responded that it could find no responsive documents, the appellant claimed that COO had not conducted an adequate search. The OHA questioned personnel at COO about the search, and determined that there had been a search reasonably calculated to uncover requested documents. Consequently, the OHA denied the appeal. Personnel Security Hearings Albuquerque Operations Office, 11/14/96, VSO-0102 A Hearing Officer of the Office of Hearings and Appeals issued an opinion concerning the continued eligibility of an individual for access authorization under 10 C.F.R. Part 710, ``Criteria and Procedures for Determining Eligibility for Access to Classified Matter or Special Nuclear Material.'' After considering the record in view of the standards set forth in Part 710, the Hearing Officer found that the information presented by the DOE with respect to the individual's positive drug test for marijuana use was sufficient to raise a substantial concern that the individual may be a frequent recreational user of that drug and to support a denial of access authorization pursuant to 10 C.F.R. 710.8(k). The Hearing Officer also found that the individual had failed to present sufficient evidence to support his assertion that his marijuana use was [[Page 65208]] limited to one occasion in recent years. As a result, the Hearing Officer found that the evidence of rehabilitation and reformation was insufficient to mitigate the concerns raised by the positive drug test. Finally, the Hearing Officer found that conflicting statements concerning drug use made by the individual to his drug counselor and to DOE security personnel were sufficient to support a denial of access authorization pursuant to 10 C.F.R. 710.8(l). Accordingly, the Hearing Officer concluded that, in his opinion, the individual's access authorization should not be restored. Oak Ridge Operations Office, 11/13/96, VSO-0100 A Hearing Officer issued an Opinion regarding the eligibility of an individual to maintain an access authorization under the provisions of 10 C.F.R. Part 710. The DOE Personnel Security Division alleged that the individual: (1) deliberately falsified significant information provided to the DOE; (2) ``[t]rafficked in, sold, transferred, possessed, used, or experimented with a drug or other substance listed in the Schedule of Controlled Substances established pursuant to Section 202 of the Controlled Substances Act of 1970''; and (3) ``[e]ngaged in * * * unusual conduct or is subject to circumstances which tend to show that the individual is not honest, reliable, or trustworthy * * * ''. See 10 C.F.R. 710.8 (f), (k), and (l). On September 24, 1996, an evidentiary hearing was convened in which one witness testified. After carefully examining the record of the proceeding, the Hearing Officer determined that the individual deliberately falsified information on a Questionnaire for Sensitive Positions, used an illegal drug, and engaged in conduct demonstrating that he is not honest, reliable or trustworthy within the meaning of 10 C.F.R. 710.8(l). Accordingly, the Hearing Officer recommended that DOE Security not restore the individual's access authorization. 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. Columbia Township Schools, et al......................... RF272-87150 11/15/96 Cochise Airlines, Inc., et al............................ RG272-84 11/15/96 S.W. Foley............................................... RJ272-25 11/13/96 SIGMA-4 Express, Inc., et al............................. RF272-97335 11/12/96 Summit City Enterprises.................................. RF272-97829 11/12/96 Ben-Lee Motor Service.................................... RF272-97858 Town Center Management Corp.............................. RR272-248 11/12/96 Dismissals The following submissions were dismissed. ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ Air Florida Airlines......................... RG272-996 Allegheny Development Corp................... RG272-765 Crooker & Sons, Inc.......................... RG272-918 Diocese of Monterey.......................... RG272-785 Franklin Co. Grain Growers, Inc.............. RG272-942 Graves Construction Co, Inc.................. RG272-757 Great Bay Distributors Inc................... RG272-756 National Linen Service....................... RG272-995 Ray Bell..................................... RG272-755 Roman Catholic Bishop of Monterey............ RG272-786 Roman Catholic Diocese of Sacramento......... RG272-787 Tri-City Electrical Contractors, Inc......... RG272-799 Wayne Densch, Inc............................ RG272-791 West Bldg Materials/ Associated Dist......... RG272-790 Unisource.................................... RG272-797 ------------------------------------------------------------------------ [FR Doc. 96-31420 Filed 12-10-96; 8:45 am] BILLING CODE 6450-01-P