Case No. RF272-95314
March 18, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Tupper Lake Central School District, et al.
Dates of Filings: May 16, 1994, et al.
Case Numbers: RF272-95314, et al.
This Decision and Order will consider Applications for Refund filed by five claimants that purchased refined petroleum products during the period August 19, 1973, through January 27, 1981. Each applicant listed in the Appendix attached to this 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 generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. Applicants that were end-users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Public utility refund claimants must certify that they will pass through the entirety of the refunds to their customers. See, e.g., A. Tarricone, Inc. at 88,896. Four of the applicants have shown that they were end-users of their purchases and are entitled to a refund based on the number of gallons they purchased. One applicant, Gulf States Utilities Company, is a public utility that has certified that it will pass through the entirety of its refund to its customers.
The amount of an applicant's refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 49,126,675 gallons and the sum of the refunds granted is $78,602.
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 4, Account No. 999DOE010Z, to the applicants listed in the Appendix.
(3) The applicant Gulf States Utilities Company (Case No. RF272-95319) shall pass through to its customers the entire amount of each refund made available to it pursuant to this Decision, without deduction for any expense.
(4) No later than six months after the receipt of each refund disbursed pursuant to this Decision and Order, Gulf States Utilities Company shall file a report with the Office of Hearings and Appeals of the Department of Energy indicating the manner in which it has complied with Paragraph (3) above.
(5) 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
(6) 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 a refund application is incorrect.
(7) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: March 18, 1997
Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-95314 TUPPER LAKE CNTRL SCHOOL DIST. C/O PAUL J. ELLIS 25 CHANEY AVE. TUPPER LAKE, NY 129861899 731,553 $1,170 RF272-95316 NEW PHILADELPHIA CITY SCHOOLS C/O KAREN JENKINS 303 4TH ST., N.W. NEW PHILADELPHIA, OH 446631919 254,536 $407 RF272-95319 ENTERGY GULF STATES, INC. C/O JERRY S. WRIGHT P.O. BOX 2951 BEAUMONT, TX 777042951 47,636,704 $76,219 RF272-95348 VILLAGE OF BARTONVILLE C/O ISOM F. ZACHMAN OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 106,355 $170 RF272-95350 CLARK COUNTY, KS C/O MARVIN CUSICK OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 397,527 $636 Totals: 5 49,126,675 $78,602
Last Updated on 7/24/97
By OHA