Case No. RB272-00113

June 19, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Crude Oil Supplemental Refund Distribution

Date of Filing: May 30, 1997

Case Number: RB272-00113

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 August 19, 1973 through January 27, 1981, multiplied by a per gallon refund 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 smaller 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) Further, applicants who previously received a refund will receive a supplemental refund based on an additional $0.0008 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 applicants or certifications from representatives.

The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. The Appendix also indicates the original case numbers of these applicants and 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 31 recipients is $76,704.

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 4, 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: June 19, 1997

(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

APPENDIX   RB272-00113      
CASE NO. FIRM   ADDRESS   REFUND
RF272-65990 GRAFTON COUNTY, NH C/O ERNEST A. TOWNE RR 1, BOX 67 NORTH HAVERHILL, NH 037749758 $1,448
RF272-66023 BROTZMAN TRUCKING C/O THOMAS W. BROTZMAN 403 MELBA RD. STERLING, CO 80751 $1,309
RF272-66683 THOMAS J. KAMP 6475 CHURCHILL RD. MANHATTAN, MT 59741 $696
RF272-67586 ALABAMA DEPT. ECONOMIC & COMM. C/O MARTHA MCINNES 401 ADAMS ST.; P.O. BOX 5690 MONTGOMERY, AL 361035690 $43,172
RF272-68018 BILL PENKA RT. 1, BOX 31 HEALY, KS 67850 $170
RF272-68074 KING CONSTRUCTION C/O JIM FRISBIE HWYS. 39&175, BOX 662 ODEBOLT, IA 51458 $181
RF272-68446 ST. JOSEPH CHURCH C/O REV. HOWARD EISEL P.O. BOX 69 CROSBY, MN 56441 $179
RF272-68486 AURORA CO-OP OIL CO. C/O RONALD LEE GERLACH P.O. BOX 248, HWY. 281 S. STICKNEY, SD 57375 $6,001
RF272-69038 PARAMOUNT PEST CONTROL CO. INC C/O STEPHEN M. JACKOVITZ 2011 ROCK SPRING RD. FOREST HILL, MD 21050 $506
RF272-69067 TOWN OF BLOOMFIELD C/O TOBIE KATZ 800 BLOOMFIELD AVE.; POB 337 BLOOMFIELD, CT 06002 $808
RF272-69194 TURNER DAIRIES, INC. C/O DARRELL ROGERS 2040 MADISON AVE. MEMPHIS, TN 38134 $1,173
RF272-69244 ROCHEZ BROTHERS, INC. C/O SIDNEY GLASS 600 ROSS AVE. PITTSBURGH, PA 15221 $554
RF272-69534 TEXAS TERMINALS, INC. C/O HARLAN KELLY 2008 S. BRAZOS ST. SAN ANTONIO, TX 78207 $861
RF272-71287 BOHLMAN TRUCKING C/O SHIRLEY A. ERWIN 2 WILLOW LANE ELK RIVER, MN 55330 $1,151
RF272-71407 J.H. FRIDAY FARMS C/O J.H. FRIDAY RT. 19, BOX 1125 TEXARKANA, AR 71854 $1,103
RF272-71449 INDUSTRIAL TIMBER & LAND CO. C/O PETER TUCKER 23925 COMMERCE PARK BEACHWOOD, OH 44122 $1,579
RF272-72354 MISS SALLY C, INC. C/O M.J. COSTELLO JR. 1470 TREDEGAR DR. FT. MYERS, FL 33919 $833
RF272-72793 CITY OF MUSCATINE C/O HARVEY G. ALLBEE 215 SYCAMORE ST. MUSCATINE, IA 52761 $1,848
RF272-72902 VICKSBURG WARREN SCHOOL DIS. C/O MORRIS KEITH P.O. BOX 820065 VICKSBURG, MS 39182 $1,325
RF272-73841 SHENENDEHOWA CENTRAL SCHL DIST C/O SUSAN M. MARTIN 1 FAIRCHILD SQUARE CLIFTON PARK, NY 120651254 $3,622
RF272-74060 BRINMONT CORP. C/O JUDY LEVERETTE 3921 SPRING GARDEN ST. GREENSBORO, NC 274071605 $320
RF272-74532 BRUSH PUBLIC SCHOOLS C/O GLORIA J. LANDPHERE P.O. BOX 585 BRUSH, CO 80723 $283
RF272-74692 BILL CHARD TRUCKING, INC. C/O DOROTHY CHARD 10740 TRUMAN RD. INDEPENDENCE, MO 64052 $160
RF272-76003 GREENVILLE TRANSIT AUTHORITY C/O R. KEITH GODWIN P.O. BOX 1568 GREENVILLE, SC 29602 $3,774
RF272-84735 PARK COUNTY SCHOOL DIST. RE-2 C/O JOE HUBER P.O. BOX 189 FAIRPLAY, CO 80440 $447
RF272-90861 TRINITY PAVING CO. C/O MARK S. MARINO P.O. BOX 450 PLYMOUTH MEETING, PA 19462 $508
RF272-91239 INDUSTRIAL MATERIAL CORP. C/O JAYSON LEVY 7701 HARBORSIDE DR. GALVESTON, TX 775548167 $167
RF272-93416 PRICKETT DAIRY, INC. C/O JOHN PRICKETT 1501 PRICKETT RD. BRYANT, AR 72022 $168
RF272-93554 PLYMOUTH COUNTY C/O JOHN F. MCLELLAN 11 S. RUSSELL ST. PLYMOUTH, MA 02360 $1,272
RF272-93780 AMERICAN LUMBER CO. C/O MARILYN DENNIS 1 AMERICAN WAY; P.O. BOX 111 WALDEN, NY 125860111 $722
RF272-94733 FOGLER BROS. C/O ROY A. FOGLER 20290 TEMESCAL CYN RD. CORONA, CA 91719 $364
TOTALS: 31       $76,704


Last Updated on 6/25/97
By OHA