Case No. RF272-86613
March 3, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Virgils, Inc., et al.
Dates of Filing: February 19, 1991, et al.
Case Numbers: RF272-86613, et al.
This Decision and Order grants to 31 Applicants refunds in the Subpart V crude oil special refund proceeding. The names of these claimants are set forth in the Appendices to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973, through January 27, 1981 (the crude oil price control period).
In the past, purchasers of refined petroleum products could apply for refunds from crude oil overcharge funds collected by the DOE from firms that sold crude oil during the price control period. Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986); 10 C.F.R. Part 205. The Office of Hearings and Appeals has established refund procedures for these funds. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987).
The refund procedures presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE's or its predecessors' price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). The Applicants in this case are end-users of refined petroleum products.(1) The Applicants claim, based upon estimates and actual records, that they purchased a total of 196,051,168 gallons of petroleum products during the period of price controls.(2)
Each Applicant used these products to operate a school, municipality, church, cooperative, or business. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $313,685 is warranted. The amount each Applicant will receive is listed in the Appendices to the Decision and Order. It is the policy of the DOE to pay all crude oil refund claims that were filed by June 30, 1995, the final deadline for the crude oil proceeding, at the rate of $.0016 per gallon. We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we know how much money is remaining after all outstanding enforcement proceedings are resolved.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the 31 claimants listed in the Appendices 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 a total of $313,685 from the DOE deposit fund escrow account denominated Crude Tracking - Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury. The checks for the Applicants listed on the Appendix A shall be made payable to the Applicants and shall be sent to the addresses listed on the Appendix. The checks for the Applicants listed on Appendix B shall be made payable to "[Applicant] or Energy Refunds, Inc.," and sent to:
Energy Refunds, Inc.
31 Small Lane
Hardin, KY 42048
(3) Each applicant in this case that is a cooperative shall pass through to its members/patrons the refund it receives on a dollar for dollar basis.
(4) 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 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
1000 Independence Avenue, S.W.
Washington, D.C. 20585-0107
(5) The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary materials submitted by the Applicants. These determinations may be revoked or modified at any time upon a finding that the basis underlying any refund application is incorrect.
(6) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: March 3, 1997
(1)A number of the applicants in this case are cooperatives. Applications filed by cooperatives are deemed to have been filed on behalf of the members to whom they sold petroleum products. Each of the cooperatives in this case has certified that it will pass through any refund it receives to its members on a dollar for dollar basis. Under these circumstances, the cooperatives in this case are entitled to the end-user presumption of injury.
(2)Interested parties were provided with an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any Application considered in this Decision.
Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-86613 VIRGIL'S, INC. C/O VIRGIL J. NELSON 1101 2ND ST. S.W. ROCHESTER, MN 55902 737,055 $1,179 RF272-87668 JEFFERIES FOODS CO., INC. C/O TOM JEFFERIES 3027 ROBINSON RD. JACKSONVILLE, FL 32203 512,350 $820 RF272-87681 CITY OF MANCHESTER C/O RICHARD L. HOULE DEPT. OF PUBLIC BUILDINGS SERVICES 275 CLAY ST. MANCHESTER, NH 03103 14,693,731 $23,510 RF272-88678 RELIABLE INDUSTRIES, INC. C/O JIMMY SINGLETON 1701 E. LAKE AVE., #470 GLENVIEW, IL 60025 5,358,465 $8,574 RF272-89000 VAN BUSKIRK CONSTRUCTION CO. ROBERT D. WILLIAMS OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 2,340,516 $3,745 RF272-89045 COVE SHIPPING INC. C/O ANTHONY J. COLANTUONO 200 VIRGINIA STREET MOBILE, AL 36603 31,499,727 $50,400 RF272-89104 MICHAUD BUS LINES, INC. C/O GIG MICHAUD OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 5,349,608 $8,559 RF272-89135 HARRAN TRANSPORTATION C/O JOSEPH FERNANDEZ OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 3,223,359 $5,157 RF272-89167 STOUT TRUCKING CO., INC. C/O DAVID HECK OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 4,230,536 $6,769 RF272-89197 FRENSHIP INDEP. SCHOOL DIST. C/O JOE MERRELL P.O. BOX 100 WOLFFORTH, TX 79382 606,122 $970 RF272-89365 HILL TRUCK LINE, INC. C/O JOHN E. HILL OR KINSEY, RIDENOUR, BECKER & KISTLER P.O. BOX 2512 LINCOLN, NE 68502 958,478 $1,534 RF272-89452 DODSWORTH INC. C/O ROBERT L. DODSWORTH OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 680,520 $1,089 RF272-89468 JOE C. FAULKNER, INC. C/O DAVID FAULKNER P.O. BOX 477 BEEVILLE, TX 78104 696,615 $1,115 RF272-89474 BATH SCHOOL DEPT. C/O DAVID WALLACE OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 1,492,907 $2,389 RF272-89485 JOE N. MILES & SONS, INC. C/O J.P. MILES P.O. BOX 158 BOGALUSA, LA 704290158 656,487 $1,050 RF272-89490 BARNEY TRUCKING, INC. C/O LYNN M. CARLSON 195 S. 800 W. SALINA, UT 84654 3,225,476 $5,161 RF272-89491 GLEN BARNEY TRUCKING C/O LYNN M. CARLSON 195 S. 800 W. SALINA, UT 84654 1,719,212 $2,751 RF272-89492 ROBINSON TRANSPORT, INC. C/O LYNN M. CARLSON 850 W. MAIN SALINA, UT 84654 827,104 $1,323 RF272-89493 ART J. ROBINSON TRUCKING OR ART J. ROBINSON 850 W. MAIN SALINA, UT 84654 2,169,947 $3,472 RF272-89544 RICHARD GOIDEL C/O UTILITY BILL ANALYSIS 486 OCEANPOINT AVE. CEDARHURST, NY 11516 2,771,300 $4,434 RF272-89985 BENNINGTON SCHOOL DIST., INC. C/O RICHARD PASSERA RR 3, BOX 3600 BENNINGTON, VT 05201 1,086,740 $1,739 RF272-99049 CHURCH OF GOD C/O ROBERT FISHER P.O. BOX 2430 CLEVELAND, TN 373202430 1,000,000 $1,600 Totals: 22 85,836,255 $137,340 CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-99002 FENTRESS FARMERS COOPERATIVE OR ENERGY REFUNDS, INC. C/O JOE PYLE 107,925 $173 RF272-99003 CLARK LANDMARK, INC. OR ENERGY REFUNDS, INC. C/O DICK WAGONER 22,190,674 $35,505 RF272-99004 HENDERSON FARMERS COOPERATIVE OR ENERGY REFUNDS, INC. C/O STEVE CAWOOD 8,255,328 $13,209 RF272-99011 FARMERS UNION COOP ASSN. OR ENERGY REFUNDS, INC. C/O RICH BRAHMER 7,757,394 $12,412 RF272-99012 FARMERS MERCANTILE CO. OR ENERGY REFUNDS, INC. C/O CHARLES MCKENNA 11,713,024 $18,741 RF272-99014 JACKSON-JENNINGS FARM BUREAU OR ENERGY REFUNDS, INC. C/O ROBERT MARLEY 35,807,356 $57,292 RF272-99021 WARREN FARMERS COOP OR ENERGY REFUNDS, INC. C/O DON ROBBINS 5,576,216 $8,922 RF272-99023 HUNTINGTON CNTY FARM BUREAU OR ENERGY REFUNDS, INC. C/O J. MARK TULLIS 16,586,892 $26,539 RF272-99024 ST. LAWRENCE FARMERS ELEVATOR OR ENERGY REFUNDS, INC. C/O MIKE TROSEN 2,220,104 $3,552 Totals: 9 110,214,913 $176,345
Last Updated on 8/13/97
By OHA