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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices6245November 8, 1996, by the AuthorizingOfficial of the Savannah RiverOperations Office of the Department ofEnergy. In that determination, theAuthorizing Official denied a request forinformation and fee waiver filed by theI.B.E.W. In considering the Appeal, theDOE denied the request for a fee waiverand remanded the matter to SavannahRiver for a further search of documentsbased on a request clarified on appeal.James L. Hecht, 1/15/97, VFA–0244The Department of Energy (DOE)issued a Decision and Order (D&O)granting a Freedom of Information Act(FOIA) Appeal that was filed by JamesL. Hecht. In his Appeal, Mr. Hechtchallenged the adequacy of the searchfor responsive documents that wasconducted by the DOE’s Office ofEnergy Efficiency and RenewableEnergy (EE) in response to Mr. Hecht’sFOIA request. In the Decision, the OHAfound that the EE interpreted Mr.Hecht’s request in an unreasonablynarrow manner in order to reduce thescope of that request. The OHAremanded the case to the EE so that theEE could confer with Mr. Hecht in anattempt to reformulate the request sothat it would be less burdensome anddisruptive to the operations of thatOffice.J.B. Truher, 1/15/97, VFA–0245J.B. Truher filed an Appeal from adetermination, dated October 23, 1996,by the Deputy Inspector General forInspections of the Office of InspectorGeneral (Deputy IG) of the Departmentof Energy (DOE). In that determination,the Deputy IG partially granted a requestfor information filed by Mr. Truher. Inconsidering the Appeal, the DOEordered that Deputy IG to release titleheadings in four documents.Keci Corporation, 1/14/97, VFA–0246Keci Corporation (Keci) filed anAppeal from a denial by the Departmentof Energy’s (DOE’s) Office of InspectorGeneral (OIG) of a Request forInformation submitted under theFreedom of Information Act and thePrivacy Act. Keci requested informationprovided to DOE by a named individualregarding alleged irregularities in a DOEprocurement, and any other relevantrecords. In considering the Appeal, theDOE found that OIG properly invokedthe Glomar response to protect theindividual’s privacy rights and neitherconfirmed nor denied the existence ofresponsive records. Therefore, theAppeal was denied.Request for ExceptionKalamazoo Oil Co., 1/16/97 VEE–0036Kalamazoo Oil Co. (Kalamazoo) filedan Application for Exception from theEnergy Information Administration(EIA) requirement that it file Form EIA–782B, the ‘‘Resellers’/Retailers’’Monthly Petroleum Product SalesReport.’’ In considering the request, theDOE found that the firm was notsuffering a gross inequity or serioushardship. Therefore, the DOE deniedKalamazoo’s Application for Exception.Personnel Security HearingPersonnel Security Hearing, 1/16/97,VSO–0116Under the provisions of 10 C.F.R. Part710, the Department of Energy (DOE)suspended an individual’s accessauthorization (a ‘‘Q’’ level securityclearance) pending administrativereview, based upon derogatoryinformation received by the DOE whichrevealed illegal drug use on the part ofthe individual. More specifically, DOEfound that pursuant to a random drugscreening performed by the individual’semployer, a DOE contractor, a urinespecimen provided by the individualtested positive for marijuana. Inaddition, the individual signed anAcknowledgement of Positive DrugScreen and during a subsequentPersonnel Security Interview (PSI)concerning this matter, the individualadmitted using marijuana. On this basis,DOE suspended the individual’s accessauthorization under 10 C.F.R. § 710.8(k),finding that the individual ‘‘[t]raffickedin, sold, transferred, possessed, used, orexperimented with a drug or othersubstance listed in the Schedule ofControlled Substance establishedpursuant to section 202 of theControlled Substance Act of 1970 (suchas marijuana, cocaine, amphetamines,barbiturates, narcotics, etc.) except asprescribed or administered by aphysician licensed to dispense drugs inthe practice of medicine, or as otherwiseauthorized by law.’’ Following a hearingconvened at the request of theindividual, the Office of Hearings andAppeals Hearing Officer found in hisOpinion that: (i) the individual’smarijuana use was an isolated, one-timeoccurrence, and (ii) the record of theproceeding contained sufficientsupporting evidence to accept theindividual’s assurance that theindividual would never use marijuanaagain. Accordingly, the Hearing Officerconcluded in the Opinion that theindividual’s access authorization shouldbe restored.Refund ApplicationDixie Hauling Co., Inc., 1/16/97, RF272–97810The DOE issued a Decision and Ordergranting four Applications for Refund inthe crude oil refund proceeding. In twoof the cases, additional claimants signedapplications previously filed in thecrude oil proceeding, but did not do sountil after the crude oil refundproceeding deadline. These claimantswere granted a portion of the refundsbecause they joined applications which:(1) Were submitted prior to the crude oilrefund proceeding deadline; (2)contained accurate informationsupporting the companies’’ rights torefunds; and (3) had yet to be granted bythe DOE prior to their amendment bythe signatures of the additionalclaimants.Refund ApplicationsThe Office of Hearings and Appealsissued the following Decisions andOrders concerning refund applications,which are not summarized. Copies ofthe full texts of the Decisions andOrders are available in the PublicReference Room of the Office ofHearings and Appeals.Brader Hauling Service, Inc ................................................................................................................................ RG272–00928 1/16/97Crude Oil Supple. Refund Dist ........................................................................................................................... RB272–00097 1/16/97Cruce Oil Supple. Refund Dist ............................................................................................................................ RB272–00098 1/16/97Gulf Oil Corporation/Cabot Corporation ............................................................................................................ RF300–16719 1/16/97Indianapolis Baptist Schools ............................................................................................................................... RF272–95103 1/14/97Warren Brothers Road Company, et al ............................................................................................................... RF272–93484 1/16/97The following submissions were dismissed.DismissalsNameA-DEC, Inc ........................................................................................................................................................................................Green Holdings, Inc ..........................................................................................................................................................................Case No.RG272–916RD272–25553