Case No. RB272-00110
May 22, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: May 13, 1997
Case Number: RB272-00110
Since 1987, the Office of Hearings and Appeals (OHA) has conducted the crude oil overcharge refund proceeding. In this proceeding, we have granted refunds from crude oil overcharge funds under the jurisdiction of the Department of Energy. The proceeding is explained in Statement of Modified Restitutionary Policy, 51 Fed. Reg. 27899 (August 4, 1986), and the regulations governing it are codified at 10 C.F.R. Part 205, Subpart V.
In crude oil refund cases, an applicant can receive a refund equal to the number of gallons of eligible refined petroleum products it purchased during the crude oil price control period, multiplied by a volumetric factor.(1) The size of the volumetric factor depends on the amount of crude oil overcharge funds that the DOE has collected. Initially, we set the volumetric factor at $.0002 per gallon. In April 1989, we raised the volumetric factor to $.0008 per gallon. Any applicant who had received a refund at $.0002 per gallon has also received a supplemental refund of an additional $0.0006 per gallon, so that the total volumetric factor until now for all applicants in this Decision and Order was $.0008. Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).
Additional crude oil overcharge funds are now available for disbursement, so we can now issue supplemental refund checks. Applicants who previously received a refund at the volumetric factor of $.0008 will receive a supplemental refund for an
additional $0.0008 per gallon.(2) Thus, the amount of the supplemental refund will be equal to the refund already received. As with all our refunds, the supplemental refunds are rounded to the nearest dollar.
We require applicants for supplemental refunds to verify (directly or through their representatives) their name and address contained in our records, 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 will issue a series of Decision and Orders approving supplemental refunds as we receive completed verification forms from applicants or certifications from representatives.
The Appendix to this Decision and Order contains the names of a group of applicants receiving these supplemental refunds. Each applicant in this group was represented in the crude oil refund proceeding by their management company, Brown, Harris, Stevens Residential Management. In accordance with the applicants' instructions, we will direct the refund checks to Brown, Harris, Stevens. The Appendix also indicates the original case numbers of these applicants and the dollar amount of the supplemental refund for each applicant. We have approved a total amount of $4,867 in additional refunds in this Decision and Order for the benefit of twelve applicants.
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 applicant set forth in the Appendix to this Order.
(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants 4, Account No. 999DOE010Z, maintained at the Department of the Treasury.
(3) All of the applicants in this Decision and Order applied through Brown, Stevens, Harris Residential Management. In accordance with their requests, their refund checks should be sent to:
Brown, Harris, Stevens Residential Management
Attn: Alan J. Kersner
770 Lexington Avenue, 5th Floor
New York, NY 10021
(4) Any conditions imposed upon 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 22, 1997
(1)The crude oil price control period extended from August 19, 1973 through January 27, 1981.
(2)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
APPENDIX RB272-00110 CASE NO. APPLICANT FILING SERVICE VOLUME REFUND RF272-31211 285 RIVERSIDE DRIVE CORP. C/O BROWN, HARRIS, STEVENS RES. MGMT. 517,124 $414 RF272-66884 1 EAST 66TH STREET CORP. C/O BROWN, HARRIS, STEVENS RES. MGMT. 785,894 $629 RF272-66886 444 OWNERS CORP. C/O BROWN, HARRIS, STEVENS RES. MGMT. 381,199 $305 RF272-66890 133 E. 80TH STREET CORP. C/O BROWN, HARRIS, STEVENS RES. MGMT. 350,623 $280 RF272-66897 1021 PARK AVENUE CORP. C/O BROWN, HARRIS, STEVENS RES. MGMT. 475,393 $380 RF272-66905 993 PARK AVENUE CORP. C/O BROWN, HARRIS, STEVENS RES. MGMT. 611,806 $489 RF272-66907 1105 PARK AVENUE CORP. C/O BROWN, HARRIS, STEVENS RES. MGMT. 535,129 $428 RF272-66915 5TH AVE./66TH ST. CORP. C/O BROWN, HARRIS, STEVENS RES. MGMT. 407,589 $326 RF272-66916 45 EAST 72ND STREET, INC. C/O BROWN, HARRIS, STEVENS RES. MGMT. 519,200 $415 RF272-66918 164 EAST 72ND STREET CORP. C/O BROWN, HARRIS, STEVENS RES. MGMT. 319,490 $256 RF272-66928 19 EAST 72ND ST. CORP. C/O BROWN, HARRIS, STEVENS RES. MGMT. 526,060 $421 RF272-73543 550 PARK AVE. CORP. C/O BROWN, HARRIS, STEVENS RES. MGMT. 655,390 $524 Totals: 12 6,084,897 $4,867
Last Updated on 7/9/97
By OHA