Case No. RG272-00100

April 1, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Colonial Trailways, Inc., et al.

Date of Filings: April 10, 1995, et al.

Case Numbers: RG272-100, et al.

This Decision and Order considers and ultimately grants 38 Applications for Refund, releasing a total of $82,909 in the Subpart V crude oil refund proceeding. The names of the 38 Applicants are set forth in the Appendix to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and each has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). Each Applicant relies on the presumption of injury for end-users as the basis for its refund claim. Under this presumption, OHA will presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by all 38 applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. (1) 1/ After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision. 2/(2) The total volume for which refunds are approved in this Decision is 51,818,208 gallons and the sum of the refunds granted is $82,909.

The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the claimants listed in the Appendix 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 the refund amounts set forth in the Appendix to this Decision and Order from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to the applicants’ representative, Wilson, Keller & Associates. Refund checks totaling $82,909 shall be sent to the to Wilson, Keller & Associates at the following address:

Chris Edwards

Wilson, Keller & Associates

P.O. Box 221145

Memphis, TN. 38122

(3) 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 in its 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

(4)The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary material submitted by the applicants. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying the refund application is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: April 1, 1997

(1)All of the Applications under consideration were filed by Wilson, Keller & Associates, a private filing service located in Memphis, Tennessee. Of these 38 crude oil refund applications, 17 are claims filed on behalf of trucking companies. Wilson, Keller & Associates prepared estimates for these 17 by referring to statistical data generated by the Interstate Commerce Commission (ICC) during the refund period. Where appropriate, Wilson, Keller & Associates reduced gallonage to account for miles driven by “independent owner-operators.” We have carefully reviewed the estimation methods used by Wilson, Keller & Associates and find them acceptable.

(2)Interested parties were given an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any application involved in this determination.


Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND
RG272-00100 COLONIAL TRAILWAYS, INC. OR WILSON, KELLER & ASSOCIATES C/O DAVE TAYLOR 1,337,099 $2,139
RG272-00101 CAPITAL MOTOR LINES OR WILSON, KELLER & ASSOCIATES C/O DAVE TAYLOR 2,083,125 $3,333
RG272-00103 GEORGE VOSS OR WILSON, KELLER & ASSOCIATES 2,777,813 $4,445
RG272-00116 NELMAR TRUCKING CO. OR WILSON, KELLER & ASSOCIATES C/O WALTER BLANKEN 864,287 $1,383
RG272-00117 RYMER FOODS, INC. OR WILSON, KELLER & ASSOCIATES OR KROEHLER MFG. 976,809 $1,563
RG272-00118 EDWARD S. ERB OR WILSON, KELLER & ASSOCIATES 1,082,440 $1,732
RG272-00119 ARTHUR C. GUIMOND JR. OR WILSON, KELLER & ASSOCIATES 866,967 $1,387
RG272-00120 NIEDERBEACH TRUCK SERVICE OR WILSON, KELLER & ASSOCIATES C/O FLOYD HARTEL 1,184,514 $1,895
RG272-00121 GENERAL INDUSTRIES, INC. OR WILSON, KELLER & ASSOCIATES 9,187,744 $14,700
RG272-00122 ROBERT HUERTER OR WILSON, KELLER & ASSOCIATES 737,480 $1,180
RG272-00123 HUGHES BROTHERS TRANSPORTATION OR WILSON, KELLER & ASSOCIATES 1,580,241 $2,528
RG272-00124 FAIRFAX INVESTMENT CORP. OR WILSON, KELLER & ASSOCIATES METRO BLDG. SUPPLY CO. 900,086 $1,440
RG272-00126 HARDIN COUNTY OR WILSON, KELLER & ASSOCIATES C/O TOM MAYFIELD 1,098,591 $1,758
RG272-00127 PANORAMA AIR OR WILSON, KELLER & ASSOCIATES C/O MARION MCCROSKEY 6,830,273 $10,928
RG272-00130 JAMES SCHINDELE OR WILSON, KELLER & ASSOCIATES 600,377 $961
RG272-00131 SNAPPING SHOALS ELECTRIC CORP. OR WILSON, KELLER & ASSOCIATES C/O CHARLES N. WOODWARD 509,474 $815
RG272-00133 PAUL D. DODDS OR WILSON, KELLER & ASSOCIATES 3,197,952 $5,117
RG272-00135 HARMON TRUCKING CO. OR WILSON, KELLER & ASSOCIATES C/O ALBERT S. HARMON 1,271,197 $2,034
RG272-00136 E.A. HOLDER, INC. OR WILSON, KELLER & ASSOCIATES C/O DON B. HENSON 3,183,025 $5,093
RG272-00138 JOHN PHARO OR WILSON, KELLER & ASSOCIATES 436,305 $698
RG272-00139 GREENBURGH CENTRAL SCHOOL DIST OR WILSON, KELLER & ASSOCIATES C/O EDWARD PRICE 1,175,334 $1,881
RG272-00140 PALTEX TRANSPORT CO. OR WILSON, KELLER & ASSOCIATES C/O ROBERT RILEY 2,462,700 $3,940
RG272-00141 BUEHLER MOVING & STORAGE OR WILSON, KELLER & ASSOCIATES 552,541 $884
RG272-01052 GARNETT B. ERB OR WILSON, KELLER & ASSOCIATES 1,082,440 $1,732
RG272-01053 RONALD M. LUND OR WILSON, KELLER & ASSOCIATES 300,188 $480
RG272-01054 BETHANN R. BAFFUTO OR WILSON, KELLER & ASSOCIATES 300,188 $480
RG272-01055 ARNOLD BERGER OR WILSON, KELLER & ASSOCIATES 300,188 $480
RG272-01062 GILBERT GUIMOND OR WILSON, KELLER & ASSOCIATES 866,967 $1,387
RG272-01063 DONALD PHARO OR WILSON, KELLER & ASSOCIATES 436,305 $698
RG272-01064 ROBERT S. PHARO OR WILSON, KELLER & ASSOCIATES 436,305 $698
RG272-01065 DAVID D. DODDS OR WILSON, KELLER & ASSOCIATES 2,005,495 $3,209
RG272-01066 MRS. J.P. GARVEY OR WILSON, KELLER & ASSOCIATES 182,901 $293
RG272-01067 PAUL GARRITY OR WILSON, KELLER & ASSOCIATES 225,769 $361
RG272-01068 PRESCOTT BUSH OR WILSON, KELLER & ASSOCIATES 89,818 $144
RG272-01069 JOHN MORROW OR WILSON, KELLER & ASSOCIATES 311,912 $499
RG272-01070 W.S. PEPPLER OR WILSON, KELLER & ASSOCIATES 53,891 $86
RG272-01072 B.B. BUMP OR WILSON, KELLER & ASSOCIATES 135,951 $218
RG272-01073 WARREN FISHER OR WILSON, KELLER & ASSOCIATES 193,516 $310
Totals: 38     51,818,208 $82,909
           


Last Updated on 7/22/97
By OHA