Case No. RB272-00112
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: RB272-00112
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 34 recipients is $44,757.
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 RB272-00112 CASE NO. FIRM ADDRESS REFUND RF272-00021 NORTH SUBURBAN MASS TRANSIT C/O THOMAS H. MCNICHOLS 550 W. ALGONQUIN RD. ARLINGTON HEIGHTS, IL 60005 $7,134 RF272-00228 GRANDVILLE PUBLIC SCHOOLS C/O LAWRENCE P. CARTRIGHT 3131 BARRETT ST., S.W. GRANDVILLE, MI 49418 $553 RF272-01503 CITY OF DICKSON ELECTRIC DEPT. C/O K.L. WLAKER 236 COWAN RD. DICKSON, TN 37056 $281 RF272-01864 BRANTLEY BROS. MOVING & STOR. C/O MALACHIA BRANTLEY 168 ELIZABETH AVE. NEWARK, NJ 07108 $134 RF272-02672 CHOATE ROSEMARY HALL C/O PATRICK C. BOOTH 333 CHRISTIAN ST. WALLINGFORD, CT 06492 $3,295 RF272-02708 J. RODMAN REDD 5219 OLD HOPKINSVILLE RD. CADIZ, KY 42211 $84 RF272-04484 MARION VAN DUSSELDORP, JR. 521 WISCONSIN, BOX 308 PLATTE, SD 57369 $313 RF272-08808 VALLEY HOSPITAL C/O RICHARD D. KENNAN 223 N. VAN DIEN AVE. RIDGEWOOD, NJ 07450 $1,465 RF272-11709 SAM G. CHISOLM P.O. BOX 196 OLLA, LA 71465 $1,063 RF272-12222 ROBINETT & SONS, INC. C/O DON ROBINETT RT. 2, BOX 52 RANDALL, KS 66963 $255 RF272-12394 A.E. HOCKEMEIER HWY. 13 S, BOX 103 RICHMOND, MO 64085 $425 RF272-13977 THEO PROSOSKI 7512 CROSSBILL CIRCLE RAPID CITY, SD 57702 $265 RF272-16214 CENTRAL SUPPLY CO. OF VA., INC C/O GEORGE WITTA P.O. BOX 8300 BRISTOL, VA 242038300 $5,487 RF272-17372 ALLEN LOGGING CO. C/O LLOYD J. ALLEN 176 462 HWY. 101 FORKS, WA 98331 $1,584 RF272-17953 DAVE SCHMITT CONSTRUCTION CO. C/O DAVE SCHMITT 250 50TH AVE., S.W. CEDAR RAPIDS, IA 524044913 $398 RF272-20691 JAMES N. BARRY HC 63, BOX 42 MONTICELLO, UT 84535 $181 RF272-21047 KAYEM FOODS, INC. C/O WILLIAM COLCORD 75 ARLINGTON ST.; POB 505728 CHELSEA, MA 02150 $2,405 RF272-21057 FARMERS IRRIGATION DIST. C/O SANDI STRICKER 1505 2ND AVE. SCOTTSBLUFF, NE 69361 $197 RF272-22327 VASSAR COLLEGE C/O PAUL MUTONE 124 RAYMOND AVE., BOX 12 POUGHKEEPSIE, NY 126040012 $3,212 RF272-22482 MARVEL SEILSTAD HC 76, BOX 38 DENTON, MT 59430 $230 RF272-23254 ROBERT FULTON TERRACE C/O MICHAEL LECONTE 495 BROADWAY, 7TH FL. NEW YORK, NY 10012 $1,439 RF272-23422 ST. JOHNS PUBLIC SCHOOLS C/O STEPHEN A. BAKITA 501 W. SICKLES ST. ST. JOHNS, MI 48879 $1,015 RF272-23442 WEST HARTFORD PUBLIC SCHOOLS C/O BUSINESS OFFICE 28 S. MAIN ST. WEST HARTFORD, CT 06107 $7,166 RF272-24026 LONG BEACH CITY SCHOOL DIST. C/O JOSEPH F. SINGLETON 235 LIDO BLVD. LONG BEACH, NY 11561 $2,109 RF272-24246 WILLIAM VANGILDER 12906 H88 S. ALTHEIMER, AR 72004 $105 RF272-24541 H & W WRECKING CO., INC. C/O DIANE CHANDLER-MOORE 120 W. EAST TEXAS ST. BOSSIER CITY, LA 71114340 $533 RF272-24547 HOWDY JONES CONSTRUCTION CO. C/O BETTIE JONES 8030 U.S. HWY. 98 N. LAKELAND, FL 33809 $719 RF272-25607 W. TRESSLER ALLEN 1000 FOUNTAIN TERRACE, #414 LEWISTOWN, MT 59457 $213 RF272-25609 DUANE RIDGEWAY P.O. BOX 894 DENTON, MT 59430 $167 RF272-26253 HAROLD ROTHER FARMS, INC. C/O HAROLD ROTHER P.O. BOX 489 CHEYENNE WELLS, CO 80810 $808 RF272-26483 LAURITSEN GRAIN & STORAGE, INC C/O BYRON LAURITSEN RR 1 FREMONT, NE 680259801 $139 RF272-26727 PAT FINNERTY 208 14TH RD., S.W. HARTFORD, KS 66854 $751 RF272-27578 ALLEN W. BILLMAYER BOX 125 HOGELAND, MT 59529 $320 RF272-30051 DON PORT FARMS C/O DON PORT 1820 LITTLE BEAR RIDGE RD. TROY, ID 83871 $312 TOTALS: 34 $44,757
Last Updated on 6/25/97
By OHA