Case No. RF272-76698
February 11, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Goodland Coop. Equip. Exchange, et al.
Dates of Filing: December 17, 1990, et al.
Case Numbers: RF272-76698, et al.
This Decision and Order grants to 28 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 193,086,727 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 $308,937 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 28 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 $308,937 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 Petroleum Funds, Inc.," and sent to:
Petroleum Funds, Inc.
P.O. Box 1380
Paris, TN 38242-9986
(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: February 11, 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 RF272-76698 GOODLAND COOP EQUIP. EXCHANGE C/O WAYNE SPARKS OR FRONTIER EQUITY EXCHANGE BOX 998 GOODLAND, KS 67735 20,254,406 $32,407 RF272-85020 TRUCKERS, INC. C/O ROBERT B. LITTLE 1451 WOODHOLLOW, UNIT 28106 HOUSTON, TX 77057 3,020,245 $4,832 RF272-86402 FARMERS CO-OP ASSN. C/O JAMES S. SLIVA OR AURORA COOPERATIVE ELEVATOR CO. P.O. BOX 38 ONG, NE 68452 9,039,629 $14,463 RF272-86455 SOLITE MASONRY UNITS CORP. C/O SHARON STRONG P.O. BOX 15251 CHESAPEAKE, VA 23328 804,860 $1,288 RF272-86926 NICHOLS TRUCKING CO. MITCHELL NICHOLS C/O OIL & GAS AUDITING SERVICE 2 LAKESIDE DR. VICKSBURG, MS 39180 531,276 $850 RF272-86958 GOTTRY CORP. C/O DON BARBER OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 1,096,892 $1,755 RF272-89305 STRATFORD BOARD OF EDUCATION C/O DENISE DIGIANDOMENICO 317 PRINCETON AVENUE STRATFORD, NJ 08084 665,940 $1,066 RF272-89314 OLD SAYBROOK BRD. EDUCATION C/O RONALD J. ZEPPIERI 50 SHEFFIELD ST. OLD SAYBROOK, CT 064752399 1,039,934 $1,664 RF272-89403 JERNIGAN DRILLING CO. C/O STEPHEN A. JERNIGAN OR FOSSIL DRILLING CORP. 6608 N. WESTERN AVE., #605 OKLAHOMA CITY, OK 73116 11,935,500 $19,097 RF272-89404 JERNIGAN BROTHERS, INC. C/O STEPHEN A. JERNIGAN OR JBI TRUCKING, INC. 6608 N. WESTERN AVE., #605 OKLAHOMA CITY, OK 73116 965,566 $1,545 RF272-89428 CO-OP OIL CO. C/O DAVID J. LOW 632 CHASE, BOX 30 OSAGE, IA 50461 45,993,113 $73,589 RF272-89431 FARMERS CO-OP GAS & OIL CO. C/O ROGER AMES OR ENERGY REFUNDS, INC. 31 SMALL LANE HARDIN, KY 42048 19,462,317 $31,140 RF272-89433 SALEM ELECTRIC C/O JACK N. BELLEQUE P.O. BOX 5588 SALEM, OR 973040055 108,205 $173 RF272-89445 HIAWATHA C.U. SCHOOL DIST. 426 C/O KENNETH BROOKS P.O. BOX 428 KIRKLAND, IL 60146 121,749 $195 RF272-89448 DETTINGBURN TRUCKING INC. HAROLD DETTINGBURN OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 2,725,225 $4,360 RF272-89455 B & D TRANSFER INC. C/O GARY DINNISON OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 746,481 $1,194 RF272-89457 COOPERATIVE OIL CO. MARK BEENKEN HWY. 19, POB 519 BUFFALO CENTER, IA 50424 28,060,846 $44,897 RF272-89458 BLACHLY-LANE CNTY COOP ELECTR. C/O JAMES P. RAMSEYER 90680 HWY. 99 EUGENE, OR 97402 205,777 $329 RF272-89477 RESURRECTION CEMETERY C/O EUGENE G. BURNS P.O. BOX 189 PISCATAWAY, NJ 08854 122,000 $195 RF272-89480 TRICO SERVICES, INC. C/O BRUCE E. MUNTER OR TRICO OIL & PROPANE, INC. 1214 CLOQUET AVE. CLOQUET, MN 55720 37,210,056 $59,536 RF272-89481 CENTRAL ELECTRIC CO-OP, INC. C/O PAUL SVENDSEN P.O. BOX 846 REDMOND, OR 97756 430,540 $689 RF272-89482 ARCDIOCESE OF DETROIT OR HOLY SEPULCHRE CEM. C/O WILLIAM WAGNER P.O. BOX 68 SOUTHFIELD, MI 48037 671,730 $1,075 RF272-89496 CHARLIE HAMMONDS FLYING SERV. C/O CHARLES HAMMONDS OR WILLIAM H. BODE & ASSOCIATES 1150 CONNECTICUT AVE., N.W. WASHINGTON, DC 200364192 3,697,770 $5,916 Totals: 23 188,910,057 $302,255 CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-85820 CITY OF NELSONVILLE OR PETROLEUM FUNDS, INC. C/O JIM ANDRICK 393,882 $630 RF272-86494 CITY OF POTTSTOWN OR PETROLEUM FUNDS, INC. C/O DAVID R. FORREST 1,860,568 $2,977 RF272-89472 BOROUGH OF NORTH ARLINGTON OR PETROLEUM FUNDS, INC. C/O ANTHONY BLASI 1,243,431 $1,989 RF272-89476 WOOLWICH SCHOOL DEPARTMENT OR PETROLEUM FUNDS, INC. C/O M. ROBBIN YOUNG, III 243,499 $390 RF272-89711 TOWNSHIP OF BESSEMER OR PETROLEUM FUNDS, INC. C/O HOPE TARNOSKI 435,290 $696 Totals: 5 4,176,670 $6,682
Last Updated on 8/14/97
By OHA