Case No. RF272-00464

January 23, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Name of Petitioners: Department of the Navy

US Army Engineer District

Charleston Naval Shipyard

Accounting & Finance Office

Dates of Filing: May 26, 1987

October 30, 1989

October 30, 1989

November 2, 1989

Case Numbers: RF272-00464

RF272-77326

RF272-77502

RF272-78004

This Decision and Order concerns four Applications for Refund that were filed with the Office of Hearings and Appeals of the Department of Energy (DOE). The applications were filed by 1) the Department of the Navy (Corpus Christi Naval Air Station), 2) the US Army Engineer District, 3) the Charleston Naval Shipyard, and 4) the Accounting & Finance Office (Air Force Special Operations Command). The applicants seek a refund in the DOE's crude oil overcharge refund proceeding. See 10 C.F.R. Part 205, Subpart V.

All four applicants are parts of the Department of Defense (DOD). As explained below, the volumes that are the subject of their applications have already been granted in response to an application filed by the Defense Logistics Agency, another part of DOD.

The Defense Logistics Agency filed a refund application based on total DOD consumption of domestic petroleum products during the refund period. The DOE granted that application. See Defense Logistics Agency, 24 DOE ¶ 85,134 (1995). Because the Defense Logistics Agency based its application on DOD's total consumption of domestic petroleum products, see 24 DOE at 88,419, the DOE has already granted a refund for the volumes at issue in the four applications. For this reason, we have determined that the applications should be dismissed.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the Department of the Navy et al., Case No. RF272-00464 et al. are hereby dismissed.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: January 23, 1997