[Federal Register: July 24, 1998 (Volume 63, Number 142)] [Notices] [Page 39855-39856] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24jy98-89] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Office of Hearings and Appeals Notice of Issuance of Decisions and Orders During the Week of June 8 Through June 12, 1998 During the week of June 8 through June 12, 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 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. 89 Appeals Jones, Walker, Waechter, Poitevent Carrere and Denegre, 6/8/98, VFA- 0419 Jones, Walker, Waechter, Poitevent Carrre & Dengre, L.L.P., appealed a determination issued to it by the Federal Energy Technology Center (FETC) in response to a Request for Information submitted under the Freedom of Information Act. The law firm sought records of a never- issued contract for the Mound Site Plume Treatment System at the Rocky Flat Environmental Technology Site. FETC withheld all responsive documents in full under the competitive harm standard of Exemption 4 because the Rocky Flats Field Office (RFFO) was in the process of finalizing a contract for similar work. During the course of the Appeal, the DOE determined that RFFO had issued the Mound Site Plume Treatment System contract. Because the factual predicate for the FETC determination no longer existed, the DOE remanded the matter for FETC to issue a new determination. The National Security Archive, 6/11/98, VFA-0327, VFA-0365 The National Security Archive filed Appeals from denials by the Department of the Air Force of a request for information that it filed under the Freedom of Information Act (FOIA). Because the withheld information was classified under the Atomic Energy Act, the Air Force withheld it as the direction of the DOE under Exemption 3. The DOE determined on appeal that the information must continue to be withheld under Exemption 3. Accordingly, the Appeals were denied. 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. ENRON CORPORATION/WALLACE OIL RECLAIMING COMPANY....... RF340-173 6/11/98 GARY VOGT.............................................. RJ272-00060 6/11/98 GULF OIL CORPORATION/REEDY CREEK UTILITIES CO., INC.... RF300-17085 6/11/98 SHIELDALLOY METALLURGICAL CORP. ET AL.................. RF272-94619 6/11/98 SPRINGFIELD COLLEGE.................................... RK272-04816 6/10/98 ST. JOHN PARISH SCHOOL BOARD ET AL..................... RF272-80644 6/11/98 Dismissals The following submissions were dismissed. ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ COBLE DAIRY PRODUCTS, INC.................... RF272-98951 [[Page 39856]] WATCHTOWER BIBLE & TRACT SOCIETY OF NY....... RF272-98962 ------------------------------------------------------------------------ [FR Doc. 98-19815 Filed 7-23-98; 8:45 am] BILLING CODE 6450-01-P