Notice of Issuance of Decisions and Orders; Week of November 7 Through November 11, 1994

DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders; Week of November 7

Through November 11, 1994

During the week of November 7 through November 11, 1994 the

decisions and orders summarized below were issued with respect to

appeals and applications for exception or other relief filed with the

Office of Hearings and Appeals of the Department of Energy. The

following summary also contains a [[Page 7535]] list of submissions

that were dismissed by the Office of Hearings and Appeals.

Appeals

Citizen Action, 11/07/94, VFA-0002

Citizen Action filed an Appeal from a determination issued by the

Energy Information Administration (EIA) of the Department of Energy in

response to its request under the Freedom of Information Act (FOIA).

Citizen Action sought information regarding an EIA study entitled ``The

Short Term Impact of Lower World Oil Prices on the U.S. Economy.'' In

considering the Appeal, the Office of Hearings and Appeals found that

EIA performed an adequate search for materials. Accordingly, the Appeal

was denied.

Jane Affleck, 11/07/94, VFA-0003

Ms. Jane Affleck filed an Appeal from a partial denial by the

Office of Intergovernmental and External Affairs, Albuquerque

Operations Office (AL) of a Request from Information which Ms. Affleck

had submitted under the Freedom of Information Act (FOIA). In

considering the Appeal, the Office of Hearings and Appeals (OHA) found

that AL properly applied Exemption 5 to one paragraph of the document

requested by Ms. Affleck. The paragraph had previously been reviewed in

a decision of the OHA and was found to be both pre-decisional and

deliberative. Accordingly, the Appeal was denied.

Requests for Exception

Capozzi Bros. Fuel Company, 11/07/94, LEE-0143

Capozzi Bros. Fuel Company (Capozzi) filed an Application for

Exception requesting permanent relief from the Energy Information

Administration (EIA) requirement that it file Form EIA-782B, the

``Resellers'/Retailers' Monthly Petroleum Product Sales Report.'' In

considering this request, the DOE found that Capozzi was not

experiencing a serious hardship, a gross inequity or an unfair

distribution of burdens as a result of the requirement that it file

Form EIA-782B. On August 16, 1994, the DOE issued a Proposed Decision

and Order determining that the exception request should be denied. No

Notice of Objections to the Proposed Decision and Order was filed at

the Office of Hearings and Appeals of the DOE within the prescribed

time period. Therefore, the DOE issued the Proposed Decision and Order

in final form, denying Capozzi's Application for Exception.

Cooperative Oil Company, 11/07/94, LEE-0132

Cooperative Oil Company filed an Application for Exception from the

Energy Information Administration (EIA) requirement that it file Form

EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum Product Sales

Report.'' In considering this request, the DOE found that the firm was

not suffering a gross inequity or serious hardship. On August 19, 1994,

the DOE issued a Proposed Decision and Order determining that the

exception request should be denied. No Notice of Objection to the

Proposed Decision and Order was filed with the Office of Hearings and

Appeals of the DOE within the prescribed time period. Therefore, the

DOE issued the Proposed Decision and Order in final form, denying

Cooperative Oil Company's Application for Exception.

Hattenhauer Dist. Co., 11/07/94, LEE-0146

Hattenhauer Distributing Company (Hattenhauer) filed an Application

for Exception from the Energy Information Administration (EIA)

requirement that it file Form EIA-782B, the ``Resellers'/Retailers'

Monthly Petroleum Product Sales Report.'' Hattenhauer claimed that it

should be relieved of the requirement because it had been filing the

Form since 1991 and because the task took the firm's limited office

staff four hours to complete each month. In considering this request,

the DOE found that Hattenhauer was not suffering a gross inequity or

serious hardship. Accordingly, on August 19, 1994, the DOE issued a

Proposed Decision and Order determining that the exception request

should be denied. Neither Hattenhauer nor any other party filed an

Objection to that Proposed Decision and Order, and the DOE issued it in

final form.

Johnson Oil Company, 11/07/94, LEE-0121

Johnson Oil Company filed an Application for Exception from the

Energy Information Administration requirement that it file Form EIA-

782B, the ``Resellers'/Retailers' Monthly Petroleum Product Sales

Report.'' In considering Johnson's request, the DOE found that the firm

was not experiencing a serious hardship or gross inequity. Accordingly,

exception relief was denied.

Pro Fuels, Inc., 11/07/94, LEE-0144

Pro Fuels, Inc. (Pro Fuels) filed an Application for Exception from

the Energy Information Administration (EIA) requirement that it file

Forms EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum Product

Sales Report,'' and EIA-821, the ``Annual Fuel Oil and Kerosene Sales

Report.'' In considering this request, the DOE found that the firm was

not suffering a gross inequity or serious hardship. Therefore, the DOE

denied Pro Fuels' Application for Exception.

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/Pearl Oil Company................................... RR304-69 11/09/94

City of Bridgeton et al........................................................ RF272-94918 11/09/94

City of El Cajon RR272-182 11/08/94

Custer County High School...................................................... RF272-79848 11/07/94

Dundee Central School District #1 et al........................................ RF272-84617 11/08/94

Farmers Union Oil Co. et al.................................................... RF272-92031 11/08/94

Franklin County Community School Corporation et al............................. RF272-81584 11/09/94

Gulf Chemical & Metallurgical et al............................................ RF272-93775 11/08/94

Gulf Oil Corporation/Hwy 31 Gulf et al......................................... RF300-13971 11/10/94

Gulf Oil Corporation/Jesse Cordell General Delivery et al...................... RF300-21393 11/10/94

Gulf Oil Corporation/St. Andrews Gulf.......................................... RF300-18756 11/07/94

St. Andrews Gulf............................................................... RF300-21800

St. Andrews Gulf............................................................... RF300-21812

Melton Gulf.................................................................... RF272-89346 11/09/94

Olin Corporation............................................................... RF272-93325 11/08/94

Paul Musselwhite Trucking Co................................................... RF272-93414 11/08/94

Rio Grande Sunoco.............................................................. RF272-97182 11/08/94

Texaco Inc./Jimmy Cooke's Texaco............................................... RF321-20429 11/08/94

Texaco Inc./Strawn Salvage Co. et al........................................... RF321-12525 11/10/94

[[Page 7536]]

Warrick Co. Farm Bureau Coop................................................... RF272-93758 11/08/94

Mauston Farmers Coop Assn...................................................... RF272-93765

Montana-Dakota Utilities Co.................................................... RF272-93779

Dismissals

The following submissions were dismissed:

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

Name Case No.

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

CSX Transportation, Inc.............................. RF321-20757

Dennis McQuade....................................... VFA-0006

E.C. Crosby & Sons, Inc.............................. RF321-20695

Economy Rentals, Inc................................. RF272-93453

Elgin Wipf........................................... RF321-11393

Englefield Oil Company............................... LEE-0148

Faulkner Bros., Inc.................................. RF321-4676

Ferro Corporation.................................... RF272-93208

International Business Machines Corp................. RF272-91403

McGil Specialized Carriers........................... RF321-19853

Petro Ltd............................................ RF349-19

Ray's Gulf........................................... RF300-13246

Rubicon Inc.......................................... RF321-18817

Sellers' Texaco...................................... RF321-482

Wayne's Texaco....................................... RF321-20660

Wempner's Texaco..................................... RF321-12919

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

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, DC 20585, Monday through Friday, between the hours of 1:00

p.m. and 5:00 p.m., except Federal holiday. They are also available in

Energy Management: Federal Energy Guidelines, a commercially published

loose leaf reporter system.

February 2, 1995.

George B. Breznay,

Director, Office of Hearings and Appeals.

[FR Doc. 95-3139 Filed 2-7-95; 8:45 am]

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