Case No. RF272-79635

June 24, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Sahuarita Unified District 30, et al.

Dates of Filings: August 14, 1990, et al.

Case Numbers: RF272-79635, et al.

This Decision and Order considers and ultimately grants ten Applications for Refund, releasing a total of $16,806 in the Subpart V crude oil refund proceeding. The names of the ten Applicants are set forth in the Appendix to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and each has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). Each Applicant relies on the presumption of injury for end-users as the basis for its refund claim. Under this presumption, OHA will presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by all ten applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. (1) 1/ After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision. 2/(2) The total volume for which refunds are approved in this Decision is 10,503,414 gallons and the sum of the refunds granted is $16,806.

The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the

resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the claimants listed in the Appendix to this Decision and Order for all available crude oil overcharge funds are hereby approved as set forth in Paragraph (2) below.

(2) 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 the refund amounts set forth in the Appendix to this Decision and Order from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to the applicants or their representatives, as appropriate, at the addresses set forth in the Appendix.

(3) To facilitate the payment of future refunds, the applicants shall notify the Office of Hearings and Appeals in the event that there is a change in its 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

1000 Independence Avenue, S.W.

Washington, D.C. 20585-0107

(4)The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary material submitted by the applicants. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying the refund application is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: June 24, 1997

(1)Eight of the ten applications under consideration were filed by Wilson, Keller & Associates, a private filing service located in Memphis, Tennessee. All eight claims relate to purchases made by a now defunct trucking company, Worster Motor Lines (Worster). Wilson, Keller & Associates prepared estimates for Worster’s petroleum product consumption during the operative period by referring to statistical data generated by the Interstate Commerce Commission (ICC) during that period. We have carefully reviewed the estimation method used by Wilson, Keller & Associates and find it acceptable.

(2)Interested parties were given an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any application involved in this determination.

Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND
RF272-79635 SAHUARITA UNIFIED DISTRICT 30 C/O EDITH GROMLEY P.O. BOX 26 SAHUARITA, AZ 85629 434,392 $695
RF272-80215 MULLICA TOWNSHIP SCHOOL DIST. C/O NANCY STEINHAUER P.O. BOX 318 ELWOOD, NJ 08217 95,882 $153
RG272-00132 MARGARET WORSTER OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 8,702,545 $13,924
RG272-01056 BRENDA K. CANALE OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 56,202 $90
RG272-01057 DANA R. WORSTER OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 93,671 $150
RG272-01058 VINCENT WORSTER OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 728,663 $1,166
RG272-01059 E.J. WORSTER OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 112,405 $180
RG272-01060 V.R. WORSTER OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 112,405 $180
RG272-01061 DAVID H. CANALE OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 56,202 $90
RG272-01071 ROBERT SPENCER OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 111,047 $178
TOTALS: 10       10,503,414 $16,806


Last Updated on 7/1/97
By OHA