[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Notices]
[Pages 30739-30740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14973]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
March 2 Through March 6, 1998
During the week of March 2 through March 6, 1998, 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, 950
L'Enfant Plaza, SW, Washington, DC 20585-0107, Monday through Friday,
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: May 20, 1998.
Thomas O. Mann,
Acting Director, Office of Hearings and Appeals.
Decision List No. 75; Week of March 2 Through March 6, 1998
Appeal
GLEN MILNER, 3/3/98, VFA-0170
Glen Milner filed an Appeal from a denial by the Albuquerque
Operations Office of a Request for Information that he filed under the
Freedom of Information Act (FOIA). Because the withheld information was
identified as classified under Executive Order 12958 and the Atomic
Energy Act, the DOE withheld it under Exemptions 1 and 3 of the FOIA.
In considering the information that was withheld, the DOE determined on
appeal that a small portion of the document must continue to be
withheld under Exemption 3, but the remainder could be released.
Accordingly, the Appeal was granted in part and a newly redaction
version of the requested information was ordered to be released.
Personnel Security Hearing
PERSONNEL SECURITY HEARING, 3/5/98 VSO-0183
A Hearing Officer Opinion recommended against the grant of access
authorization. The Opinion found that the individual had not resolved
the security concern arising from a pattern of dishonest conduct.
Refund Applications
ENRON CORP./FERRELLGAS, INC., 3/3/98, RF340-60
The DOE granted an Application for Refund submitted by Ferrellgas,
Inc. (Ferrellgas) in the Enron Corporation (Enron) special refund
proceeding. The DOE found that Ferrellgas was a reseller and retailer
that purchased large quantities of propane and butane from Enron. The
DOE also found that Ferrellgas' propane and butane purchases from Enron
were not discretionary in nature, and were necessary for Ferrellgas to
meet the supply requirements of its regular customers. The DOE found
that Ferrellgas had demonstrated that the prices it paid to Enron for
butane resulted in an economic injury to Ferrellgas, and granted
Ferrellgas a full volumetric refund for its butane purchases. However,
with respect to propane, the DOE found that Ferrellgas had not
established a level of injury sufficient to qualify for a full
volumetric refund. The DOE therefore limited this refund to the volume
of propane that Ferrellgas purchased from Enron at above market prices.
Accordingly, the DOE granted Ferrellgas a refund, including interest,
of $347,549.
[[Page 30740]]
LAWRENCE PAPERBOARD CORPORATION, 3/3/98, RK272-04120, RK272-04178,
RC272-00377
The DOE issued a Decision and Order concerning competing claims to
the right to a refund based on the purchases of Lawrence Paperboard
Corporation. The DOE had originally granted the refund to Atlantic
Coast Paperboard. In the instant case, the DOE learned that Atlantic
merely purchased the assets of Lawrence Paperboard and that the assets
did not include the right to the refund. Accordingly, the DOE rescinded
the refund granted Atlantic. As between the two remaining claimants to
the refund, the bankruptcy trustee on one hand, and the sole owner of
the corporation at the time of its dissolution on the other, the DOE
determined that the refund should be sent to the bankruptcy trustee for
distribution to unpaid creditors. Accordingly, the request of the
bankruptcy trustee was granted and the claim of the owner at the time
of dissolution 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.
CITY OF RENSSELAER ELEC. DEPT. ET AL..................... RF272-79197 3/3/98
JOHN RAY TRUCKING CO. ET AL.............................. RF272-76565 3/3/98
Dismissals
The following submissions were dismissed.
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Name Case No.
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VERNON J. BRECHIN............................ VFA-0383
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[FR Doc. 98-14973 Filed 6-4-98; 8:45 am]
BILLING CODE 6450-01-P