Case No. RB272-00121
October 6, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: September 19, 1997
Case Number: RB272-00121
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 27 recipients is $21,714.
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: October 6, 1997
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
APPENDIX RB272-00121 CASE NO. FIRM ADDRESS REFUND RF272-05274 CRAWFORD'S GREENHOUSES, INC. C/O JOHN F. CRAWFORD P.O. BOX 717; SOMERSET AVE. NORTH DIGHTON, MA 02764 $167 RF272-05867 CITY OF ATHENS, GEORGIA C/O JOHN CULPEPPER 325 E. WASHINGTON ST. ATHENS, GA 30601 $1,307 RF272-06716 FLETCHER LASSITER C/O DORIS LASSITER P.O. BOX 295 PORTLAND, AR 71663 $131 RF272-07061 J.W. BROWN JR. 4693 HWY. 286 W. CONWAY, AR 72032 $212 RF272-07677 ROBERT O. ALPHIN 26086 RIVER RUN TRAIL ZUNI, VA 23898 $71 RF272-10171 JOHN VAN METER P.O. BOX 609 REDWAY, CA 95560 $143 RF272-12335 JOE H. RECKER 14439 RD H-13 OTTAWA, OH 45875 $51 RF272-13436 J.F. MEYER FARMS, INC. C/O JAMES F. MEYER P.O. BOX 4 COLTON, WA 99113 $99 RF272-13847 RIES FARMS, INC. C/O DAVID W. RIES 9500 RIES RD., RR 5 MOUNT VERNON, IN 47620 $123 RF272-14243 DALE SLACH RT. 2, BOX 225 WEST BRANCH, IA 52358 $161 RF272-14466 CALHOUN COUNTY C/O RONALD R. HADEN 416 4TH ST. ROCKWELL CITY, IA 50579 $1,048 RF272-15005 CAROLINA TELEPHONE CO. C/O LARRY MCKOY 720 WESTERN BLVD.; MS NCTRBB0204 TARBORO, NC 27886 $9,842 RF272-16638 MAGIC CITY TRUCKING SERVICE C/O D. FREEMAN JOHNSON 6455 MAYS BEND RD. PELL CITY, AL 35125 $4,973 RF272-17589 PETE REVIER RR 2, BOX 79 MAHNOMEN, MN 565579427 $104 RF272-18498 CITY OF MARTIN C/O RICHARD L. TIDWELL P.O. BOX 290 MARTIN, TN 38237 $403 RF272-19404 MACON COUNTY GENERAL FUND C/O DOYLE GAINES 201 COUNTY COURTHOUSE LAFAYETTE, TN 37083 $237 RF272-20241 MARTIN FREIGHT SERVICE, INC. C/O DEB MARTIN 112 FRICK AVE. WAYNESBORO, PA 17268 $285 RF272-20757 PAUL D. MEHARRY 1330A CNTY RD. 800 N. TOLONO, IL 61880 $90 RF272-20779 VINCE CIESLEWICZ 1943 S. STATE RD. 49 WITTENBERG, WI 54499 $71 RF272-21218 DANIEL K. LUETHY C/O DEBORAH J. LUETHY 6013 E. BRIGHTON LN. ANAHEIM, CA 92807 $118 RF272-23741 REEVES SPREADER C/O H.H. REEVES 734 REEVES FARM RD. ST. GEORGE, SC 29477 $162 RF272-24486 PEPSI-COLA BOTTLG. - GOLDSBORO C/O DEBBIE STEPHENS P.O. DRAWER 10669 GOLDSBORO, NC 275320669 $380 RF272-26275 ROBERT D. SMETANA RR 1, BOX 63-A ALEXANDRIA, SD 57311 $200 RF272-27300 REDWOOD COUNTY HWY. DEPT. C/O P.E. BOOMGARDEN P.O. BOX 6 REDWOOD FALLS, MN 56283 $938 RF272-27725 POLYCLINIC MEDICAL CENTER C/O COLLEEN M. DEW 2601 N. 3RD ST. HARRISBURG, PA 17110 $139 RF272-27731 JACK FORELL 6190 N. COCHRAN CHARLOTTE, MI 48813 $94 RF272-28485 BOBBY WAGGONER 355 S. CENTER ELKINS, AR 72727 $165 Totals: 27 RB272-00121 $21,714
Last Updated on 10/20/97
By OHA