Notice of Issuance of Decisions and Orders During the Week of October 24 Through October 28, 1994

DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders During the Week of

October 24 Through October 28, 1994

During the week of October 24 through October 28, 1994 the

decisions and orders summarized below were issued with respect to

appeals and applications for other relief 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.

Appeal

Robert Heitmann, 10/26/94, LFA-0425

Robert Heitmann (Heitmann) filed an Appeal from a determination

issued to him by the Office of Intergovernmental and External Affairs

(OIEA) of the Albuquerque Operations Office (Albuquerque) of the

Department of Energy (DOE). The determination stated that there were no

responsive documents pursuant to Heitmann's Freedom of Information Act

(FOIA) request. Heitmann had requested analysis results of data taken

during a March 1994 Air Force survey of a 1950 crash site at Travis Air

Force Base in California. The Air Force stated that the results of this

survey would be analyzed by Sandia National Laboratories (Sandia). In

considering the Appeal, the DOE found that the FOIA request had only

been forwarded to Sandia facilities located in New Mexico and that the

Sandia facilities in Livermore, California had not been contacted.

Consequently, the DOE remanded the matter to the OIEA to search Sandia

facilities in Livermore, California for responsive documents.

Implementation of Special Refund Procedures

Beacon Bay Enterprises, Inc. 10/27/94, LEF-0074

The DOE issued a Decision and Order implementing special refund

procedures to distribute $100,697.87, plus accrued interest, which

Beacon Bay Enterprises, Inc. (Beacon Bay) remitted to the DOE pursuant

to a June 21, 1982 Remedial Order. The DOE determined that it would

distribute the fund in two stages. In the first stage, the DOE will

accept applications for refund from those claiming injury as a result

of Beacon Bay's violations of Federal petroleum pricing regulations. If

any funds remain after meritorious claims are paid in the first stage,

they will be used for indirect restitution through the States in

accordance with the provisions of the Petroleum Overcharge Distribution

and Restitution Act of 1986.

Doma Corp., 10/27/94, 10/27/94 LEF-0049

The Department of Energy issued a Decision and Order setting forth

procedures for the disbursement of $5,982.32, received as a result of a

Consent Order between the DOE and Doma Corporation and Don Martin. The

DOE determined that the fund should be distributed in accordance with

the DOE's Modified Statement of Restitutionary Policy in the crude oil

overcharge cases.

Refund Applications

Shell Oil Company/the Atchison, Topeka & Santa Fe Railway Co., Inc.,

10/28/94, RR315-6

The DOE denied a Motion for Reconsideration filed by The Atchison,

Topeka & Santa Fe Railway Co., Inc. (Santa Fe) in the DOE's Shell Oil

Company (Shell) refund proceeding. In making its determination, the DOE

found that Santa Fe had previously settled a law suit it had filed

against Shell based on the exact same claims that its above-volumetric

refund claim was based. Since Santa Fe had reached a settlement, for

which it received $550,000, and had moved the federal district court,

in which its claim had been filed, to dismiss its case with prejudice,

DOE found that it was collaterally estopped from further asserting its

claim.

The DOE also found that Santa Fe has failed to show that Shell had

incorrectly calculated its Maximum Legal Selling Price (MLSP). Santa Fe

had claimed that Shell should have based its calculation of Santa Fe's

MLSP on a May 15, 1973 selling price of 9.2 cents a gallon, instead of

the 14.5 cents a gallon that it actually used. The DOE found that Santa

Fe's contentions were without merit, since Santa Fe's May 15, 1973

selling price was based on a different type of diesel fuel than Santa

Fe actually purchased during the refund period.

Standard Oil Co. (Indiana)/Oklahoma, 10/27/94, RM8-272, RM5-273, RM13-

274, RM1-275, RM251-276

The DOE issued a Decision and Order denying Motions for

Modification of previously-approved refund plans filed by the State of

Oklahoma in the Belridge Oil Company, Palo Pinto Oil & Gas, OKC Corp.,

Vickers Energy Corp., and Standard Oil Company (Indiana) refund

proceedings. Oklahoma requested permission to use $25,000 in interest

from funds which the State originally received for other second-stage

refund plans to resurface 2.5 to 3 miles of road in the small town of

Morris. The DOE found that the restitutionary benefits of this proposal

were uncertain and remote. It also noted that such repaving projects

would normally be funded by other sources. States may not use second-

stage refund monies to supplant available federal, state, or local

funds. Accordingly, the State's Motions for Modification were denied.

Cuyahoga Landmark, Inc., 10/28/94, RF272-94876

Cuyahoga Landmark, Inc. (Cuyahoga) filed an Application for Refund

in the Subpart V crude oil refund proceeding. Cuyahoga was an

agricultural cooperative that became a for-profit petroleum reseller in

1984. The Application for Refund was based on the cooperative's

purchases of refined petroleum products that were subsequently resold

to cooperative members during the price control period. As a part of

its application, Cuyahoga certified that it would pass 100 percent of

any crude oil refund through to the members of the cooperative during

the price control period and distribute that refund on a pro rata

basis. Cuyahoga's application also stated that the company still has

records of its members' purchases and could use those records to

distribute a crude oil refund. Therefore, the DOE concluded that

granting a refund to Cuyahoga would provide appropriate restitution to

members of the cooperative during the price control period.

Accordingly, the Application for Refund was granted.

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.

Atlantic Richfield Company/Pacific Palisades Car Wash et al............... RF304-14746 10/27/94

Atlantic Richfield Company/Rocco's ARCO et al............................. RF304-14589 10/25/94

Atlantic Richfield Company/Superior Oil Co. et al......................... RF304-14631 10/28/94

Eagle Coal & Dock et al................................................... RF272-94905 10/28/94

Forest River Farmers Elevator Company et al............................... RF272-94706 10/25/94

Good Hope Refineries/Bray Terminals, Inc.................................. RF339-20 10/27/94

Tenneco, Inc.............................................................. RF339-21

Amoco Oil Company......................................................... RF339-22

Gulf Oil Corporation/Gary Refining Company, Inc........................... RF300-18276 10/24/94

Gulf Oil Corporation/Gulf 23 et al........................................ RF300-21601 10/27/94

Gulf Oil Corporation/King Gulf et al...................................... RF300-21301 10/25/94

Gulf Oil Corporation/Morris E. Wisser Coal & Fuel Oil, Inc................ RF300-21447 10/24/94

Morris E. Wisser Coal & Fuel Oil, Inc..................................... RF300-21795

Martin & Martin Fuels et al............................................... RF272-93676 10/27/94

Shell Oil Company/Cantu Shell............................................. RR315-10 10/24/94

Texaco Inc./Curran's Texaco............................................... RF321-21039 10/28/94

Texaco Inc./Westside Gas.................................................. RR321-169 10/27/94

Dismissals

The following submissions were dismissed:

------------------------------------------------------------------------

Name Case No.

------------------------------------------------------------------------

B & J Citgo....................................... RF321-9087

City of Hiawatha.................................. RF272-89727

Cole Texaco #1.................................... RF321-13053

COLE Texaco #2.................................... RF321-13054

COLE Texaco #3.................................... RF321-13055

Dick's Suburban Texaco............................ RF321-7490

Hammel's Express, Inc............................. RF272-97285

Harris Texaco..................................... RF321-7641

Koppers Company, Inc.............................. RF272-98980

Koppers Company, Inc.............................. RF272-99146

Municipality of Metro Seattle..................... RF321-6559

Myer's Metered Gas Service........................ RF321-9524

North Grand Texaco at 1601........................ RF321-6620

North Point Cab Company, Inc...................... RF272-98915

Sellers Texaco.................................... RF321-9616

Spencer School District........................... RF272-86792

Star Service Texaco............................... RF321-10434

Sturgis Lumber Co................................. RF272-98119

Sturgis Lumber Co................................. RF272-98901

Tahoe-Truckee Unified School District............. RF272-78985

The Farmer's Coop, Inc............................ RF272-92239

Vulcan Power Company.............................. VFA-0004

Zarate Texaco..................................... RF321-19724

------------------------------------------------------------------------

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, 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.

Dated: November 21, 1994 .

George B. Breznay,

Director, Office of Hearings and Appeals.

[FR Doc. 94-29369 Filed 11-28-94; 8:45 am]

BILLING CODE 6450-01-P