Notice of Issuance of Decisions and Orders; Week of August 4 Through August 8, 1997

DEPARTMENT OF ENERGY

Office of Hearings and Appeals

Notice of Issuance of Decisions and Orders; Week of August 4

Through August 8, 1997

During the week of August 4 through August 8, 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: September 12, 1997.

George B. Breznay,

Director, Office of Hearings and Appeals.

Decision List No. 45; Week of August 4 Through August 8, 1997

Appeals

Arter & Hadden, 8/4/97, VFA-0309

The Department of Energy (DOE) issued a Decision and Order (D&O)

denying a Freedom of Information Act (FOIA) Appeal that was filed by

Arter & Hadden (A&H). In its Appeal, A&H challenged the adequacy of the

search for responsive documents that was conducted by the DOE's

Albuquerque Operations Office. In the Decision, the OHA found that the

search was adequate.

Charles L. Wilkinson, III, 8/8/97, VFA-0312

Charles L. Wilkinson, III, (Wilkinson) filed an Appeal from a

determination issued to him by the Savannah River Operations Office

(SR) of the Department of Energy (DOE). In its Appeal, Wilkinson

asserted that SR failed to conduct an adequate search for documents

pertaining to the utilization of non-union labor at the landfill and D-

Area Powerhouse located at the DOE's Savannah River Site. Additionally,

Wilkinson asserted that SR had improperly withheld 17 documents in

their entirety pursuant to Exemption 5. After reviewing the search that

was conducted for responsive documents, the DOE determined that SR

conducted an adequate search for documents. However, while DOE

determined that SR properly invoked Exemption 5 for 15 of the documents

in question these documents were found to contain a small amount of

material which could be released to Wilkinson. One document was

properly withheld in its entirety pursuant to Exemption 5. With regard

to the remaining document, SR requested that it be given an opportunity

to make another determination regarding that document. Consequently,

Wilkinson's Appeal was granted in part.

Egan & Associates, 8/6/97, VFA-0318

The DOE's Office of Hearings and Appeals (OHA) issued a decision

dismissing the Freedom of Information Act (FOIA) Appeal filed by Egan &

Associates. The Appeal was dismissed because OHA does not have

jurisdiction when the requester has not received an initial

determination from an Authorizing Official, or when an appeal is based

on the agency's failure to process a FOIA within the time specified by

law.

Personnel Security Hearing

Personnel Security Hearing, 8/7/97, VSO-0150

An OHA Hearing Officer issued an Opinion regarding the eligibility

of an individual to maintain access authorization under the provisions

of 10 CFR Part 710. After considering the testimony presented at the

hearing and the record, the Hearing Officer found that the individual

had been appropriately diagnosed with a mental illness affecting his

judgment and reliability. Accordingly, the Hearing Officer recommended

that the individual's access authorization not be restored.

Request for Exception

Patriot Petroleum, Inc., 8/4/97, VEE-0045

Patriot Petroleum, Inc. (Patriot) filed an Application for

Exception from the Energy Information Administration

[[Page 49512]]

(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 gross

inequity or serious hardship. Therefore, the DOE denied Patriot's

Application for Exception.

Refund Application

Primerica Corporation, 8/8/97, RG272-1074

The Department of Energy considered a portion of a refund

application filed by Primerica Corporation in Case No. RF272-68493. The

DOE considered whether Primerica, as the successor to the American Can

Company, was entitled to a refund for two businesses sold by American

Can after the refund period. The DOE determined that the agreement

pursuant to which American Can sold the can business contained language

sufficiently broad in scope to transfer the right to the refund. The

DOE also determined that American Can's incorporation of its interest

in Chemplex, a joint venture engaged in chemical production, and

American Can's subsequent sale of the stock to another firm,

transferred the right to a refund. The DOE provided Primerica with an

opportunity to file comments on whether its refund for the chemical

business in Geety Oil Company/Primerica, 17 DOE para.85,354 (1988),

should be rescinded.

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.

Adeline Blumhorst Et Al.................................. RK272-02270 8/7/97

Asamera Oil (U.S.) Inc................................... RC272-367 8/8/97

Steuart Transportation Co................................ RC272-368

Asamera Oil (U.S.) Inc................................... RK272-4336

Steuart Transportation Co................................ RK272-4337

Branson R-V School District Et Al........................ RF272-96300 8/7/97

Fearnley & Eger AS Et Al................................. RA272-79 8/8/97

Morris Hertling & Co..................................... RF272-79057 8/6/97

North Point Cab Co....................................... RF272-97051 8/4/97

Plastics Universal Corp.................................. RC272-366 8/7/97

Pet, Inc................................................. RK272-4335

Plastics Universal Corp.................................. RK272-4069

Pet, Inc................................................. RC272-369

Ray G. Andis Et Al....................................... RF272-39798 8/4/97

Service America Corp..................................... RK272-04232 8/4/97

Tri-County FS, Inc....................................... RR272-00298 8/7/97

[FR Doc. 97-25074 Filed 9-19-97; 8:45 am]

BILLING CODE 6450-01-P