June 11, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Patsy K. Manning, et al.

Dates of Cases: July 13, 1995, et al.

Case Numbers: RK272-01476, 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. 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-) 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 11 recipients is $6,377.

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: June 11, 1997

CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM
RK272-01476 PATSY K. MANNING 8455 MANNINGTON RD. JESUP, GA 31546 259,300 $207 RF272-62381
RK272-01698 FRESE FARMS C/O LAWRENCE W. FRESE 2770 46TH AVE. COLUMBUS, NE 68601 81,022 $65 RF272-43186
RK272-01864 LETHA O. KIRK RT. 1 LONGDALE, OK 73755 406,734 $325 RF272-37799
RK272-01865 CHEMTECH INDUSTRIES, INC. C/O RONALD L. COX 732-L CROWN INDUSTRIAL CT. CHESTERFIELD, MO 63005 2,719,306 $2,175 RF272-55419
RK272-01866 MARY JANE WILSON 1317 E. 2500 N. RD. MANSFIELD, IL 61854 176,363 $141 RF272-56936
RK272-01867 BRACK CONSTRUCTION C/O MALCOLM BRELL 999 CENTRAL AVE. WOODMERE, NY 11598 226,300 $181 RF272-56936
RK272-01869 KINNARD FARMS, INC. C/O MILDRED KINNARD E2669 CNTY S CASCO, WI 54205 116,867 $93 RF272-36609
RK272-01870 BEVERLY GEESMAN JOHNSON   25 ELM ST., BOX 213 RINGSTED, IA 50578 127,492 $102 RF272-64341
RK272-01872 DERILD W. PETERSON BOX 105 PHILLIPS, NE 68865 158,955 $127 RF272-31273
RK272-01874 CHAPMAN FARMS PARTNERSHIP C/O PATRICIA J. CHAPMAN 26708 E. MASON SCHOOL RD. LEES SUMMIT, MO 60464 187,261 $150 RF272-63308
RK272-04439 CHARLES L. KEMP 3425 CENTURY DR. BAKERSFIELD, CA 93306 3,513,945 $2,811 RF272-64686
TOTALS: 11       7,973,545 $6,377