Case No. RK272-04581
September 19, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Applicant:Pepsi-Cola Bottling Company
Date of Filing: May 28, 1997
Case Number: RK272-4581
This Decision and Order will consider an Application for Supplemental Refund filed by Pepsi-Cola Company Owned Bottling Organization (COBO) on behalf of Pepsi-Cola Bottling Company in Cranston, Rhode Island (the Cranston facility). In its Application, COBO requests a supplemental refund from crude oil overcharge funds. These funds are available for disbursement by the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) under 10 C.F.R. Part 205, Subpart V. As explained below, we will deny COBOs Application.
On May 18, 1990, the Cranston facility received an initial crude oil refund of $395 based upon its purchases of 493,398 gallons of petroleum products during the refund period (August 19, 1973 to January 27, 1981). COBO filed a verification form for a supplemental refund with us on May 28, 1997. We requested that COBO explain why it is entitled to the Cranston facilitys refund.
In a letter to us dated August 12, 1997, COBO explained that it was formerly known as Pepsi-Cola Bottling Group (PBG). COBO also stated that the Cranston facility was an affiliate of the PBG organization since before August 1986 and is currently an affiliate of COBO. PBG, however, participated in the Surface Transporters refund proceeding of the Stripper Well settlement. Antelope Valley Bus Company, 16 DOE ¶ 85,466 (1987). To participate in this proceeding, PBG executed a Claim Form and Waiver which waived its right and the rights of its affiliates, including the Cranston facility, to participate in the crude oil refund proceeding. See Brit Well Service, Inc., 16 DOE ¶ 85,617 (1987).
By choosing to obtain relief from the Surface Transporters escrow account, PBG waived its own right, and the right of each of its affiliates, to participate in the Subpart V crude oil proceeding. We will therefore deny COBOs Application because the Cranston facility was an affiliate of PBG on August 7, 1986.
Pepsi-Cola Bottling Companys initial refund in 1990 was granted in error. Because of the small size of the refund, we will not require Pepsi-Cola Bottling Company or COBO to repay the $395 it erroneously received. However, the OHAs database will be modified so that the volume granted to Pepsi-Cola Bottling Company will be changed from 493,398 gallons to zero.
It Is Therefore Ordered That:
(1) The Application for Supplemental Refund filed by Pepsi-Cola Bottling Company (Case No. RK272-4581) is hereby denied.
(2) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: September 19, 1997