Notice of Issuance of Decisions and Orders by the Office of Hearings and Appeals; Week of November 16 Through November 20, 1998

[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Notices]
[Pages 13991-13992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7068]


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DEPARTMENT OF ENERGY


Notice of Issuance of Decisions and Orders by the Office of 
Hearings and Appeals; Week of November 16 Through November 20, 1998

    During the week of November 16 through November 20, 1998, 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, 950 
L'Enfant Plaza, SW, Washington, D.C. 20585-0107, 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 www.oha.doe.gov.

    Dated: March 15, 1999.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 112 Week of November 16 Through November 20, 1998

Appeals

Alan Henney, 11/17/98, VFA-0454

    The Office of Hearings and Appeals (OHA) of the Department of 
Energy (DOE) received a request from the Department of Commerce asking 
DOE to provide a direct response to part of an Appeal filed by Alan 
Henney under the Freedom of Information Act (FOIA), 5 U.S.C. Sec. 552. 
OHA dismissed this Appeal. Under 10 CFR Sec. 1004.8(a) of the DOE 
regulations, OHA does not have jurisdiction to adjudicate this matter, 
because there is no evidence that the decision to withhold documents in 
response to Mr. Henney's FOIA request was made by a DOE officer who has 
custody or responsibility for these records under the FOIA. Moreover, 
under 10 CFR Sec. 1004.7(b), a legally sufficient denial of records 
under the FOIA has not been issued. OHA requested the FOIA/Privacy Act 
Division of the Office of the Executive Secretariat (DOE FOIA Office) 
to treat the Appeal as if it were a new request for documents under the 
FOIA.

Ruth Towle Murphy, 11/17/98, VFA-0453

    The OHA denied an Appeal of a determination issued by the DOE's 
Office of Scientific and Technical Information in response to a request 
for a fee waiver. The requester claimed that her status as a graduate 
student, and her intention to incorporate the requested information 
into research for a dissertation, was sufficient to qualify her for a 
waiver of search and copying fees. The OHA found that the requester 
failed to show that she could disseminate the requested information to 
a broad enough audience to qualify for a fee waiver.

Personnel Security Hearing

Personnel Security Hearing, 11/16/98, VSO-0216

    An Office of Hearings and Appeals Hearing Officer issued an Opinion 
under 10 CFR Part 710 concerning the continued eligibility of an 
individual. to hold an access authorization. The Hearing Officer found 
that the individual had failed to establish the truthfulness of his 
explanation for receiving a positive test result for the presence of 
cocaine metabolite in a urine sample provided by the individual 
pursuant to a random drug screening conducted by his employer. The 
Hearing Officer found that the individual had therefore failed to 
mitigate the legitimate security concerns of DOE relating to the use of 
illegal drugs. Accordingly, the Hearing Officer recommended that the 
individual's access authorization, which had been suspended, should not 
be restored.

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.

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                         Name                                           Case No.                       Date
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Mercer County et al...................................  RF272-96900                                     11/18/98
Raymond Canada et al..................................  RC272-00395                                     11/19/98
                                                        RJ272-00066
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Dismissals

    The following submissions were dismissed.

[[Page 13992]]



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                     Name                               Case No.
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Carl Buddig & Co.............................  RF272-95207
Glendale Union HS Dist 205...................  RF272-80846
Personnel Security Review....................  VSA-0214
S.A.D. #51...................................  RF272-80837
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[FR Doc. 99-7068 Filed 3-22-99; 8:45 am]
BILLING CODE 6450-01-P