Case No. RK272-04247

June 13, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Sanitary Dairy of Sleepy Eye et al.

Dates of Filing: March 4, 1997 et al.

Case Numbers: RK272-04247 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 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 has 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 $0.0016 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 upon 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 16 recipients is $23,456.

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 the 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 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: June 13, 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.

CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM
RK272-04247 SANITARY DAIRY OF SLEEPY EYE OR SHELLEY SCHWAB 724 5TH AVE., N.E. SLEEPY EYE, MN 56085 440,000 $352 RF272-19360
RK272-04275 FORBO INDUSTRIES, INC. C/O JOHN T. KONDRCHEK P.O. BOX 667 HAZLETON, PA 18201 2,521,817 $2,017 RF272-03974
RK272-04277 HOFFMAN LEASING, INC. C/O DENNIS A. HOFFMAN P.O. BOX 503 MORTON, IL 61550 1,658,859 $1,327 RF272-19887
RK272-04294 TELEDYNE IRBY STEEL C/O NICOLE MARCEY OR ALLEGHENY TELEDYNE, INC. 2049 CENTURY PARK E. LOS ANGELES, CA 90067 205,090 $164 RF272-29738
RK272-04295 TELEDYNE INDUSTRIES, INC. C/O NICOLE MARCEY OR ALLEGHENY TELEDYNE, INC. 2049 CENTURY PARK E. LOS ANGELES, CA 90067 236,940 $190 RF272-35276
RK272-04296 TELEDYNE AMCO C/O NICOLE MARCEY OR ALLEGHENY TELEDYNE, INC. 2049 CENTURY PARK E. LOS ANGELES, CA 90067 184,491 $148 RF272-22443
RK272-04302 FORRESTER FARMS C/O CHRISTINE FORRESTER 111 S.E. 6TH ST., APT. 25N WALNUT RIDGE, AR 72476 348,180 $279 RF272-25096
RK272-04320 MOLOKAI ELECTRIC CO., LTD. C/O DUANE HAYASHI P.O. BOX 398 KAHULUI, HI 967336898 15,399,914 $12,320 RF272-25399
RK272-04331 TEMMEN TRANSPORT OR EDWARD R. TEMMEN RT. 1, BOX 259 BLAND, MO 650149757 835,465 $668 RF272-00417
RK272-04370 DECKER DISPOSAL, INC. C/O RICK GILMORE OR CLAYTON DECKER & THOMAS DECKER 5953 W. 67TH AVE. ARVADA, CO 80003 331,912 $266 RF272-23113
RK272-04381 CAROL DYKES 7339 W. CNTY RD. 650 S. COLFAX, IN 460359793 100,576 $80 RF272-10370
RK272-04402 INEZ M. LOCKMAN 5624 BOBBY JONES BLVD. BILLINGS, MT 591061127 1,416,576 $1,133 RF272-19562
RK272-04430 ACTION INDUSTRIES, INC. C/O JAMES L. WITCHER P.O. BOX 1627 TUPELO, MS 38802 1,892,756 $1,514 RF272-72076
RK272-04431 K.T. FELDSPAR CORP. C/O DENNIS BUCHANAN P.O. BOX 309 SPRUCE PINE, NC 28777 2,987,294 $2,390 RF272-77438
RK272-04432 TOLEMAC, INC. C/O CLIFF G. MCGEHEE P.O. BOX 58028 JACKSONVILLE, FL 32241 435,058 $348 RF272-04524
RK272-04433 CATHERINE J. CASHMAN 111 W. UNIVERSITY OWATONNA, MN 55060 325,443 $260 RF272-76960
TOTALS: 16       29,320,371 $23,456  


Last Updated on 6/25/97
By OHA