Case Nos. RF272-76387 et al.
August 25, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: City of Orlando et al.
Dates of Filing: October 27, 1989 et al.
Case Numbers: RF272-76387 et al.
This Decision and Order will consider Applications for Refund filed by 25 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendices attached to the Decision and Order 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).
In order to receive a refund for crude oil overcharges, an applicant that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each applicant's refund share is calculated using the current refund amount of $0.0016 per gallon.
We have reviewed the information submitted by these applicants and determined that each was an end-user of petroleum products.(1) Each of the applicants has demonstrated the volume of its claim by consulting actual records or by using a reasonable estimation technique. The gallonage amounts listed in the
Appendices to this Decision and Order reflect the approved purchase volume for each applicant.(2)
Each of the applicants listed in the Appendices is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendices. The applicants considered in this Decision applied either on their own behalf or through a private filing service. In accordance with each applicant's request, refund checks will be sent to the applicant or the applicant's representative. The total volume for which refunds are approved in Appendix A in this Decision is 65,330,655 gallons and the sum of the refunds granted is $104,528 and the total volume for which refunds are approved in Appendix B in this Decision is 40,646,881 gallons and the sum of the refunds granted is $65,034.
We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the 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 the refund amounts set forth in the Appendices to this Decision and Order from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants 4, Account No. 999DOE010Z to the applicants listed in the Appendices.
For those applicants listed in Appendix A, the checks should be made payable to the applicant and sent to the address indicated in the Appendix.
For those applicants listed in Appendix B, the checks should be made payable to [the applicant] or Petroleum Funds, Inc. and sent to:
Petroleum Funds, Inc.
P.O. Box 1380
Paris, TN 38242-9986
(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 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
(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. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any 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: August 25, 1997
(1)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.
(2)Three of the applicants are agricultural cooperatives. In Subpart V refund proceedings, we have generally regarded refund applications filed by cooperatives as claims filed on behalf of their members because cooperatives are in a position to pass through any refunds received to their members. Thus, to the extent that the volumes claimed by the cooperatives were sold to their members, the end-user presumption of injury is applicable to this claim. Each cooperative has certified that it will pass through any refund to its members. Furthermore, we have subtracted from each gallonage claim the volume that the cooperative sold to non-members. Accordingly, we will grant a refund to these cooperatives based on the volumes set forth in Appendix A.
One applicant, Schenley Distillers, Inc. (Case No. RF272- 76423) (Schenley) originally filed its Application through Petroleum Funds, Inc. (PFI), a private filing service. The applicant has since requested that any refund be sent directly to it. The firm states that it will send PFI whatever fees it owes. The Office of Hearings and Appeals generally orders that refunds be disbursed directly to applicants, if so requested. Accordingly, we will direct that the Schenley refund be sent directly to that firm. This in no way affects Schenleys contractual obligation to PFI.
Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-76387 CITY OF ORLANDO C/O ROBERT W. MORLEY P.O. BOX 440 ORLANDO, FL 32801 5,817,741 $9,308 RF272-76423 SCHENLEY DISTILLERS, INC. C/O MITCH WAGNER 3860 FITZGERALD RD. LOUISVILLE, KY 40216 28,643,941 $45,830 RF272-76674 CEDAR COUNTY COOPERATIVE C/O ROBERT L. YOUNG P.O. BOX 192 TIPTON, IA 52772 4,665,924 $7,465 RF272-76675 FARMERS UNION COOP OIL ASSN. C/O BEN ROHWER P.O. BOX 149 ELMWOOD, NE 68349 19,004,613 $30,407 RF272-76688 PIONEER ELECTRIC COOP., INC. C/O ROY E. WILLIAMS P.O. BOX 368 ULYSSES, KS 67880 1,334,909 $2,136 RG272-00435 ALASKA AERONAUTICAL INDUSTRIES C/O H. DOUGLAS HAYNES OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 5,863,527 $9,382 Totals: 6 65,330,655 $104,528 CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-76425 JAMES P. MORGAN OR PETROLEUM FUNDS, INC. 379,314 $607 RF272-76430 KINGS COUNTY TRUCK LINES INC. OR PETROLEUM FUNDS, INC. C/O MANUEL ESPINOLA 9,461,038 $15,138 RF272-76457 SADLER BROS. TRUCKING & LEAS. OR PETROLEUM FUNDS, INC. C/O EARL H. SADLER 6,944,941 $11,112 RF272-76539 ARK TRANSIT HOMES, INC. OR PETROLEUM FUNDS, INC. C/O BEVERLY CHANDLER 742,170 $1,187 RF272-76613 SOUTHERN TRANSIT CO., INC. OR PETROLEUM FUNDS, INC. C/O J.O. FINE 4,270,000 $6,832 RF272-76717 BAT RENTALS, INC. OR PETROLEUM FUNDS, INC. C/O DONALD R. COULON 194,833 $312 RF272-76734 HOMER GREGORY & CO., INC. OR PETROLEUM FUNDS, INC. C/O YVONNE A. BRADLEY 575,149 $920 RF272-76742 CENTRAL COAST TRUCK SERVICE OR PETROLEUM FUNDS, INC. C/O PAT BUNKLEY 4,126,300 $6,602 RF272-76750 ANGELUS BLOCK CO. OR PETROLEUM FUNDS, INC. C/O GUIA KALAW 1,002,608 $1,604 RF272-76751 JOYCE IRON & METAL COMPANY OR PETROLEUM FUNDS, INC. C/O JOHN E. GREEN 230,078 $368 RF272-76762 PORTAGE MANOR OR PETROLEUM FUNDS, INC. C/O KATHLEEN BRYANT 503,854 $806 RF272-76770 MERCY HOSPITAL OR PETROLEUM FUNDS, INC. C/O LEONARDO O'HARA 1,685,253 $2,696 RF272-76811 T.H. KINSELLA, INC. OR PETROLEUM FUNDS, INC. C/O CAROL STEPHENSON 786,411 $1,258 RF272-76823 SERVOMATION CORP. OR PETROLEUM FUNDS, INC. C/O ALAN DAVIES 1,815,739 $2,905 RF272-76837 KLING BROS. OR PETROLEUM FUNDS, INC. C/O FRANK ABIERA 1,454,488 $2,327 RF272-76838 MCILWAIN SCHOOL BUS LINES, INC OR PETROLEUM FUNDS, INC. C/O SANDRA CHMELARSKY 1,759,121 $2,815 RF272-76866 SINGER TRANSPORTATION CO. OR PETROLEUM FUNDS, INC. C/O DAVID SINGER 1,925,967 $3,082 RF272-76886 PH LOGGING CO. OR PETROLEUM FUNDS, INC. C/O MARY C. PAYNE 393,379 $629 RF272-76994 KNOX COLLEGE OR PETROLEUM FUNDS, INC. C/O SCOTT MAUST 2,396,238 $3,834 Totals: 19 40,646,881 $65,034
Last Updated on 8/29/97
By OHA