Decisions and orders,

[Federal Register: July 24, 1998 (Volume 63, Number 142)]

[Notices]

[Page 39854-39855]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr24jy98-88]

DEPARTMENT OF ENERGY

Office of Hearings and Appeals

Notice of Issuance of Decisions and Orders During the Week of June 15 Through June 19, 1998

During the week of June 15 through June 19, 1998, the decisions and orders summarized below were issued with respect to appeals, applications, petitions, or other requests filedwith 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 decision and order are available in the Public Reference Room of the Office of Hearings and Appeals, 950 L'Enfant Plaza, SW, Washington, D.C., 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: July 16, 1998. George B. Breznay, Director, Office of Hearings and Appeals.

Decision List No. 90

Appeals

Godell, Stratton, Edmonds & Palmer, L.L.P., 6/17/98, VFA-0420

DOE denied an appeal of a determination issued by the Southwestern Power Administration. OHA found that the search conducted was reasonably calculated to uncover material responsive to the request.

Lee M. Graham, 6/17/98, VFA-0236

Lee M. Graham appealed a denial by the Albuquerque Operations Office of a request for information that he filedunder the Freedom of Information Act. Albuquerque responded by stating that it could neither confirm nor deny the existence of records responsive to Mr. Graham's request. Based on its review of the nature of the request, the DOE determined that Albuquerque's Glomar response was appropriate. Accordingly, the Appeal was denied.

Personnel Security Hearing

Personnel Security Hearing, 6/18/98, VSO-0197

A hearing officer determined that an individual had not mitigated security concerns concerning a diagnosis of narcissistic personality disorder, and a conviction for illegally intercepting oral communication. Accordingly, the hearing officer recommended that the individual's access authorization should not be restored.

Refund Applications

Enron Corp./Moon Scott Joint Venture, 6/19/98, RF340-00007

The DOE granted a refund to the Moon Scott Joint Venture (the Joint Venture) for product purchased by NGL Supply, Inc. (NGL Supply) in the Enron Corporation (Enron) special refund proceeding. The DOE found that the Joint Venture possessed the right to refund of NGL Supply. The DOE found that NGL Supply's butane purchases from Enron were spot purchases and not eligible for a refund. DOE also excluded its 1973 natural gasoline purchases because they were made pursuant to a fixed price contract that was established prior to price controls. The DOE then found that NGL Supply had shown that it was injured by its purchases of natural gasoline from Enron from 1975 through 1979 and was entitled to a full volumetric refund. However, it limited the firm's refund for its Enron propane

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purchases to volumes of propane that it purchased from Enron at above market prices.

Howard Cab, Inc. Hoquiam Plywood Company, INC., 6/18/98, RJ272-00061, RJ272-00062, RJ272-04818, RJ272-04819

The DOE rescinded two Applications for Supplemental Refund filedby Federal Action, a private filing service, in the crude oil overcharge refund proceeding. The DOE found that Federal Action violated its Escrow Certification in its handling of the two supplemental refunds. Federal Action was ordered to repay the refund amounts to the DOE and the supplemental refunds were reissued directly to the Applicants.

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.

FARMLAND COOPERATIVE, INC................................ RF272-95739

6/17/98

Dismissals

The following submissions were dismissed.

Name

Case No.

FLORIDA...................................... VEG-0004

PERSONNEL SECURITY REVIEW.................... VSA-0176

[FR Doc. 98-19813Filed7-23-98; 8:45 am]

BILLING CODE 6450-01-P