Case No. RK272-01600
January 30, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Cases: Thelma E. Mckee, et al.
Dates of Filings: July 14, 1995, et al.
Case Numbers: RK272-01600, 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 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 has 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 $0.0016 per gallon.(1) 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-)(2)and investigated whether the individual or firm that submitted the verification form (or upon 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 32 recipients is $371,635.
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 the 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: January 30, 1997
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
(2)The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.
Appendix
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM RK272-01600 THELMA E. MCKEE 8347 VAN DYKE RD. MARLETTE, MI 48453 76,770 $61 RF272-45304 RK272-01602 STUART BROWNLEE P.O. BXO 254 GILDFORD, MT 59523 329,796 $264 RF272-40754 RK272-01604 HAZEL E. STENGER 814 E. 2ND NORTH PLATTE, NE 69101 110,723 $89 RF272-37256 RK272-01605 CHARLES F. MAHALA P.O. BOX 240; 1481 LAKE RD. YOUNGSTOWN, NY 141740240 150,000 $120 RF272-56906 RK272-01606 MARLIN FARMS, INC. C/O MATTHEW L. MARLIN 6616 N. 1000 E. HOPE, IN 47246 88,528 $71 RF272-57946 RK272-01607 MARTHA HOLLAND 7566 N. 100 MONTE VISTA, CO 81144 235,816 $189 RF272-51595 RK272-01608 SIMS TIMBER & LAND CO., INC. C/O JERRY M. SIMS P.O. BOX 718 LA GRANGE, GA 30241 919,118 $735 RF272-63475 RK272-01609 LELA D. BLAISDELL 253 SANDRIDGE RD. MALAD CITY, ID 83252 127,492 $102 RF272-38636 RK272-01610 RICHARD GODDARD 351 N. DEEP CREEK RD. MALAD CITY, ID 83252 109,608 $88 RF272-51389 RK272-01612 GRANT COUNTY HEALTH CENTER CHAD COOPER 930 1ST ST., N.E. ELBOW LAKE, MN 56531 168,759 $135 RF272-31149 RK272-01613 DAVID E. PARTNEY 2500 MISSOURI AVE. GRANITE CITY, IL 62040 487,737 $390 RF272-64946 RK272-01614 BARBY ENERGY CORP. C/O BRAD BARBY P.O. BOX 1660 WOODWARD, OK 73802 120,596 $96 RF272-35003 RK272-01615 PIPE WELDING SUPPLY CO., INC. C/O KATHRYN MECK 905 LACKWANNA AVE. ELMIRA, NY 14901 329,612 $264 RF272-61360 RK272-03304 HFM PROPERTIES, INC. C/O HENRY F. MORRIS 4306 WILDRIDGE CIRCLE AUSTIN, TX 787597325 216,064 $173 RF272-31499 RK272-03306 KEITH CASTERLINE BOX 51 VIDA, MT 59274 273,045 $218 RF272-34164 RK272-03309 THORNTON PARKER LIVING TRUST 5617 S. AUSTIN RD. LAINGSBURG, MI 48848 64,829 $52 RF272-54768 RK272-03310 MARION BIRKELAND RR 3, BOX 69 LUVERNE, MN 56156 76,179 $61 RF272-50432 RK272-03365 ROBERT L. HELMS CONSTRUCTION C/O ALAN R. SMITH, ESQ. 505 RIDGE ST. RENO, NV 89501 70,470,075 $56,376 RJ272-00037 RK272-03404 WYOMING DEPT. OF TRANSPORTATN. C/O CHUCK KISICKI P.O. BOX 1708 CHEYENNE, WY 820029019 214,408,858 $171,527 RF272-60078 RK272-03417 WEYBRIDGE FARMS, INC. C/O PHYLLIS BOWDISH RD 2, BOX 4284 MIDDLEBURY, VT 05753 97,072 $78 RF272-50186 RK272-03418 STATE OF GEORGIA - ENERGY RES. C/O PAUL BURKS 100 PEACHTREE ST., #2090 ATLANTA, GA 30303 152,567,197 $122,054 RF272-60290 RK272-03845 THOMAS TRANSFER & STORAGE CO. C/O BYRON D. BEST P.O. BOX 743; 906 E. 6TH EMPORIA, KS 66801 455,730 $365 RF272-32257 RK272-03846 SKULL CREEK RANCH, INC. C/O LEROY BIEBER STAR RT. 277, BOX A43 BROCKWAY, MT 59214 610,898 $489 RF272-41812 RK272-03848 MARY LOU MALEK RT. 3, BOX 3790 NAVASOTA, TX 77868 288,585 $231 RF272-38269 RK272-03871 TRANSPORT, INC. OR MARTIN GAS TRANSPORT C/O DON E. LILES P.O. BOX 191 KILGORE, TX 75663 6,670,750 $5,337 RF272-34642 RK272-03872 GARY C. THIELE RR 1, BOX 210 CLEARWATER, NE 68726 255,103 $204 RF272-36126 RK272-03880 JERRY L. LOGAN 2503 SUNRIDGE CT. MISSOULA, MT 59803 294,753 $236 RF272-38289 RK272-03931 COUNTRY VIEW DAIRY FARMS INC. C/O HAROLD ELLENBECKER N1540 MANLEY RD. GREENVILLE, WI 549428618 352,084 $282 RF272-53620 RK272-03932 GLAXO WELLCOME, INC. C/O WILLIAM E. URBANCZYK 5 MOORE DR. RESEARCH TRIANGLE, NC 27709 13,230,777 $10,585 RF272-32566 RK272-03936 CARLBOURT CONSTRUCTION CO. C/O DAVID MINKIN 95-25 QUEENS BLVD. REGO PARK, NY 11374 527,553 $422 RF272-56888 RK272-03940 TERRY D. HAWKINS 7 VIRGINIA CITY RD. CLANCY, MT 596349708 325,812 $261 RF272-39378 RK272-03955 LLOYD SPICER 8474 E. SENECA TURNPIKE MANLIUS, NY 13104 100,522 $80 RF272-57528 Totals: 32 464,540,441 $371,635
Last Updated on 8/14/97
By OHA