Case No. RK272-01753

May 19, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Yvonne Van Pembrook, et al.

Dates of Cases: July 18, 1995, et al.

Case Numbers: RK272-01753, et al.

Pursuant to the long-standing policy of the Department of Energy (DOE), thousands of purchasers of petroleum products have applied for, and been granted, refunds from crude oil overcharge funds under the jurisdiction of the DOE’s Office of Hearings and Appeals (OHA). See Statement of Modified Restitutionary Policy To Be Implemented In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil funds are set forth at 10 C.F.R. Part 205, Subpart V.

The OHA has approved more than 87,000 requests for refund from the pool of crude oil overcharge funds. In Subpart V crude oil refund cases, a claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period from August 19, 1973 through January 27, 1981, multiplied by a per gallon amount. That per gallon refund amount is derived by dividing the total refund monies available by the total U.S. consumption of petroleum products during the crude oil price control period. Refunds had been calculated by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor had been in use since April 1989, when it replaced an earlier volumetric factor of $0.0002 per gallon. Any applicant who received a refund at the lower volumetric factor also received a supplemental refund based on an additional $0.0006 per gallon. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).

Additional crude oil overcharge funds have become available for disbursement and we can now issue additional refund checks to applicants. Sufficient funds are available to pay applicants at a new, aggregate rate of $0.00016 per gallon. (1) Thus, the amount of the supplemental refund will be equal to the refund already received. Refunds are rounded to the nearest dollar.

In order to receive a supplemental refund check, applicants are being required to verify (directly or through their representatives) that their name and address in our records are correct, to correct any

information that is not accurate, and to indicate whether there has been any change in circumstances affecting the payment of the refund. We intend to issue a series of Decision and Orders approving supplemental refunds as we receive completed verification forms from all applicants or certifications from their representatives.

The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. In each case, we were informed that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-) (2) and investigated whether the individual or firm that submitted the verification form (or on whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds. The Appendix also indicates the dollar amount of the supplemental refund for each applicant. The total amount of additional refunds being approved in this Order for the benefit of 23 recipients is $14,139.

It Is Therefore Ordered That:

(1) The Director of Special Accounts and Payroll, Office of Departmental Accounting and Financial Systems Development, Office of the Controller of the Department of Energy shall take appropriate action to disburse a supplemental refund to each Crude Oil Refund Recipient set forth in the Appendix to this Order.

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of Treasury.

(3) To facilitate the payment of future refunds, an applicant shall notify the Office of Hearings and Appeals in the event that there is a change of address, or if an address correction is necessary. Such notification shall be sent to:

Director of Management Information

Office of Hearings and Appeals

Department of Energy

Washington, D.C. 20585-0107

(4) Any conditions imposed that applied to an applicant’s receipt of the initial crude oil refund shall also apply to that applicant’s receipt of this supplemental refund.

(5) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: May 19, 1997

(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

(2)The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.

Appendix
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM
RK272-01753 YVONNE VAN PEMBROOK RT. 1, BOX 289 NIAGARA, WI 54151 74,370 $59 RF272-33741
RK272-01756 DORIS FROST 3329 CNTY HWY. PP RUDOLPH, WI 54475 176,535 $141 RF272-52836
RK272-01757 DAVID T. ROBO P.O. BOX 166 JOPLIN, MT 59531 132,804 $106 RF272-37110
RK272-01758 FRANCES FREER 1125 GARFIELD ST. DICKINSON, ND 586014254 167,878 $134 RF272-59427
RK272-01760 LEAH RUTH TAGTMEYER 95 N. WOLF RD. COLUMBIA CITY, IN 46725 82,389 $66 RF272-37111
RK272-01764 CITY OF MILFORD C/O GLORIA LAMB P.O. BOX 536 MILFORD, IA 51351 88,517 $71 RF272-63230
RK272-01765 HAROLD D. KITTELSON P.O. BOX 418; RR 1 LOUISBURG, MN 56254 198,320 $159 RF272-45604
RK272-01766 CHIEFTAIN INTERNAT'L (US) INC C/O E.L. HAHN 1201 TORONTO DOMINION TWR. EDMONTON, ALBERTA, CN T5J2Z1 9,699,527 $7,760 RF272-49640
RK272-01767 KAH TAI CARE CENTER C/O BEV MCNEILL P.O. BOX 55670 PORTLAND, OR 972385670 211,462 $169 RF272-61584
RK272-01768 SHIRLEY A. WALOCH 13062 86TH ST., S.E. GWINNER, ND 58040 303,501 $243 RF272-40269
RK272-01769 VOWELS LOGGING, INC. C/O LORRETTA VOWELS 3452 HWY. 6 PRINCETON, ID 83857 484,800 $388 RF272-38083
RK272-01771 MAURICE OSTROFF 463 DENNISON DR. WEST MIFFLIN, PA 15122 82,550 $66 RF272-41295
RK272-01772 STOLTZ RANCH 895 CUT BANK HWY. VALIER, MT 59486 215,686 $173 RF272-34216
RK272-01785 WILBERT LAIB 502 1ST AVE. S. NEW ROCKFORD, ND 583561607 69,766 $56 RF272-40606
RK272-01801 WILLIAM HAUGEN 4715 ALBION RD. CONCORD, NJ 49237 256,772 $205 RF272-55607
RK272-01806 MOONLAKE ORCHARDS C/O K. TIMOTHY BULL 4468 21-MILE RD. KENT CITY, MI 49303 264,509 $212 RF272-41953
RK272-01823 ST. MARY SCHOOL C/O RUTH M. ARMENTANO 62 CEDAR ST. BRANFORD, CT 06405 90,000 $72 RF272-63216
RK272-01824 CENTRAL CONCRETE CO. C/O T.E. CHANDLER JR. P.O. BOX 131 BURLINGTON, NC 27215 938,379 $751 RF272-45946
RK272-01826 THREE C'S LUMBER & SUPPLY CO. C/O EMELINE COHEN 3047 WESTERVILLE RD. COLUMBUS, OH 43224 152,718 $122 RF272-56540
RK272-01827 BUSKIN PRINTING CENTERS, INC. C/O LAWRENCE BUSHKIN 4502 E. DESERT PARK PLACE PARADISE VALLEY, AZ 852532948 260,311 $208 RF272-61777
RK272-01829 JERRY GRAHAM 56251 RD. QQ WRAY, CO 80758 269,503 $216 RF272-57330
RK272-04359 KEMPS FOODS, INC. C/O DAVID M. WISE P.O. BOX 7007 LANCASTER, PA 176047007 1,666,060 $1,333 RF272-31615
RK272-04363 HAWAIIAN HOLIDAY MACADAMIA NUT C/O PAUL S. SAKUDA CHAPTER 7 TRUSTEE P.O. BOX 8989 HONOLULU, HI 968300989 1,786,221 $1,429 RF272-38432
Totals: 23       17,672,578 $14,139  
               


Last Updated on 7/9/97
By OHA