Issuance of Decisions and Orders During the Week of September 18 Through September 22, 1995

[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Pages 48485-48487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23488]


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DEPARTMENT OF ENERGY

Issuance of Decisions and Orders During the Week of September 18 
Through September 22, 1995

    During the week of September 18 through September 22, 1995, 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, S.W., 
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 www.oha.doe.gov.


[[Page 48486]]


    Dated: August 30, 1996.
Richard W. Dugan,
Acting Director Office of Hearings and Appeals.

Appeal

James W. Simpkin, 9/18/95, VFA-0067 VFA-0068

    On August 18, 1995, James W. Simpkin (Simpkin) filed a joint Appeal 
from two determinations issued to him on July 20, 1995, by the 
Albuquerque Operations Office (AL) of the Department of Energy (DOE). 
The determinations were issued in response to requests for information 
submitted by Simpkin under the Freedom of Information Act (FOIA). The 
AL issued a determination stating that no documents exist responsive to 
some parts of Simpkin's first and second requests. However, the AL 
provided some documents responsive to other parts of Simpkin's first 
and second requests. In his Appeal, Simpkin asked the Office of 
Hearings and Appeals (OHA) to direct the AL to conduct a new search for 
responsive documents. In considering the Appeal, the OHA found that 
with respect to Simpkin's first request, there was no need to consider 
the issue on Appeal because the AL agreed to send Simpkin a new copy of 
the responsive document requested by Simpkin. With respect to Simpkin's 
second request, the OHA found that the search conducted at the 
direction of the AL was inadequate and remanded this Appeal to AL to 
coordinate a new search. Accordingly, the DOE dismissed one of 
Simpkin's Appeals, and granted Simpkin's other Appeal.

Refund Applications

Hoechst Celanese Chemical, et al., 9/21/95, RR272-152, et al.

    The DOE considered 13 identical Motions for Reconsideration filed 
by Philip Kalodner. In those Motions Kalodner requested that the DOE 
reconsider its prior denial of the crude oil overcharge refund 
applications filed by his clients. The applications were denied because 
each firm had signed a waiver of its rights to receive a Subpart V 
crude oil overcharge refund in order to participate in the Stripper 
Well Settlement Agreement. Kalodner argued that for equitable reasons 
the Office of Hearings and Appeals should not consider these waivers to 
apply to affiliates of the signing firms, even though the waivers 
plainly state that they are so applicable. The OHA denied the Motion, 
finding that it would not be proper to disregard the preclusion 
provisions of the waivers. It pointed out that granting the Motion 
would overturn a long-established principle of the Subpart V crude oil 
refund proceeding and intrude upon key principles of the negotiated 
Stripper Well settlement agreement, as well as upon the authority of 
Judge Theis, who approved that agreement.

Texaco Inc./Crowley Maritime Corporation, 9/20/95 RF321-14012

    The DOE issued a Decision and Order concerning an Application for 
Refund filed in the Texaco Inc. special refund proceeding. Crowley 
Maritime Corporation (Crowley) applied for a refund based upon its 
estimated Texaco purchase volume figures for the refund period. Crowley 
estimated its figures by taking each year's dollar expenditures for 
various Texaco products and dividing them by a national average 
wholesale price for that year listed in the 1981 Platt's Oil Price 
Handbook and Oilmanac. After examining Crowley's estimation method, the 
DOE concluded that it would most likely overstate Crowley's estimated 
purchase figures. The DOE estimated each of Crowley's yearly purchase 
volume figures by dividing Crowley's yearly expenditure for each 
petroleum product by the highest price for the product listed in that 
year's Platt's Oilmanac. The DOE approved a refund for Crowley 
totalling $56,189, representing $37,469 in principal plus $18,720 in 
interest.

Texaco Inc./Hale Brothers, Hale Brothers, Hale Brothers, 9/22/95, 
RF321-14012, RF321-21080, RF321-21081

    The DOE issued a Decision and Order concerning three Applications 
for Refund filed in the Texaco Inc. special refund proceeding. J. Estil 
Hale (Hale), on behalf of himself and the Estate of Donald Hale, and 
his sister, Sandra H. Crouch (Crouch), applied for refunds based upon 
direct Texaco purchases made by Hale Brothers, a partnership which 
operated a Texaco outlet during the consent order period. In their 
application, Hale and Crouch stated that Hale Brothers was operated as 
partnership between Hale, his father C.E. Hale, and his brother, Donald 
Hale. Subsequently, C.E. Hale and Donald Hale became deceased. The DOE, 
using Virginia intestate law as a guide, held that Hale, Crouch and the 
Estate of Donald Hale were the proper parties to receive the refund for 
the Texaco purchases made by Hale Brothers. The DOE approved refunds 
for Hale, Crouch and the Estate of Donald Hale totalling $2,219, 
representing $1,480 in principal plus $739 in interest.

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.

Crude Oil Supplemental Refund Distribution...............  RB272-51                                     09/20/95
H&M Lumber Company et al.................................  RF272-90969                                  09/18/95
Holyoke Coop Association et al...........................  RF272-97559                                  09/20/95
Texaco Inc./Chronister Oil Company.......................  RF321-20441                                  09/22/95
Texaco Inc./Sharon Steel Corp............................  RF321-15768                                  09/18/95
Bennie Reid..............................................  RF321-16352                                          
Gallera Gonzales Texaco..................................  RF321-16362                                          
Texaco Inc./Vaughan Bassett Furniture Corp...............  RR321-0193                                   09/21/95
Transcontinental Gas Pipe Line et al.....................  RF272-77230                                  09/20/95
Webster County et al.....................................  RF272-95804                                  09/22/95
West Coast Truck Lines, Inc..............................  RF272-78668                                  09/22/95
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Farmers Co-op Oil Co.........................  RF272-94119              
Francione's Five Points Texaco...............  RF321-20669              
Merrill Farms................................  RF272-97416              
Midway Texaco Service........................  RF321-14082              
PA Historical & Museum Commission............  RF300-21478              

[[Page 48487]]

                                                                        
Taxi Cab of Cincinnati.......................  RF272-97247              
Thrall Oil & Chemical........................  RF321-20653              
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[FR Doc. 96-23488 Filed 9-12-96; 8:45 am]
BILLING CODE 6450-01-P