[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Notices]
[Pages 64586-64587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32050]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals; Week of August 18 Through August 22, 1997
During the week of August 18 through August 22, 1997, 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 26, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 47, Week of August 18 Through August 22, 1997
Appeals
Curry Contracting Co., Inc., 8/18/97 VFA-0321
Curry Contracting Co., Inc., appealed a determination issued to it
by the Oak Ridge Operations Office. In its Appeal, Curry asserted that
Oak Ridge failed to conduct an adequate search for OSHA reports, award
and incentive fee contracts at the Office of Scientific and Technical
Information Building, and reports pertaining to itself that it
requested pursuant to the FOIA. The DOE determined that Oak Ridge had
performed an adequate search. Consequently, Curry's Appeal was denied.
Information Focus on Energy, 8/19/97 VFA-0310
Information Focus on Energy, Inc. (IFE) appealed a determination by
the Albuquerque Operations Office that partially denied IFE's request
for information. In considering the Appeal, the DOE ordered the
Director to either release names withheld pursuant to Exemption 6 or
provide a detailed explanation for withholding any such information.
Thus, the DOE granted IFE's Appeal.
Los Alamos Study Group, 8/18/97 VFA-0316
The Los Alamos Study Group appealed a determination by the
Albuquerque Operations Office (AO) that denied a request for
information made under the Freedom of Information Act (FOIA). In
considering the Appeal, the DOE confirmed that the AO correctly
determined that the records the LASG sought are neither ``agency
records'' within the meaning of the FOIA nor subject to release under
the DOE regulations. Accordingly, the DOE denied the Appeal.
William H. Payne, 8/18/97, VFA-0315
The Department of Energy granted in part a Privacy Act Appeal that
was filed by William H. Payne. The Director of the Freedom of
Information and Privacy Acts Division (the Director) had denied a
request for amendment that Mr. Payne filed pursuant to the Privacy Act
because the document that Mr. Payne wished to amend is the property of
a DOE contractor. In the Decision, the DOE concluded that if the
document were located in a ``Privacy Act system of records'' pursuant
to the contractor's agreement with the DOE, the document would be
subject to the Act, and a decision on the merits of Mr. Payne's Appeal
should be issued. The OHA, therefore, remanded the matter to the
Director for a search of the Privacy Act systems of records.
Refund Application
Enron Corporation/, Amerigas Propane, Inc., RF340-23; Field & McGrady
Special, RF340-177; Larry's Bottled Gas Co., 8/21/97, RF340-71
The DOE granted an Application for refund filed on behalf of Field
& McGrady Special in the Enron Corporation special refund proceeding.
The DOE found that Field & McGrady was the proper recipient of a refund
based on petroleum purchases made by Val-Cap, Inc., a dissolved
corporation. The partners in Field & McGrady are the same people who
were the shareholders of Val-Cap at the time of Val-Cap's dissolution.
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.
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Name Case No. Date
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Northeast Cooperatiave et al...... RK272-01486 8/21/97
Prince Bros., Inc. et al.......... RK272-02259 8/21/97
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Dismissals
The following submissions were dismissed.
[[Page 64587]]
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Name Case No.
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Consolidated Gas Supply Corp........... RF340-198
Dallas Gas & Electric, Inc............. RF340-200
Four Winds Marine Service, Inc......... RF272-86058
Goodwill Industries of W. N.Y. Inc..... RK272-3405
Gulf Chartering & Marine Services, Ltd. RF272-74834
Personnel Security Hearing............. VSO-0158
Public Service Company of NC, Inc...... RF340-199
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[FR Doc. 97-32050 Filed 12-5-97; 8:45 am]
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