June 18, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Cases: Devine & Son Trucking Co., et al.
Dates of Cases: July 14, 1995, et al.
Case Numbers: RK272-01519, et al.
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 from August 19, 1973 through January 27, 1981, multiplied by a per gallon 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 lower volumetric factor 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 $0.00016 per gallon. (1) 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 all applicants or certifications from their representatives.
The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. In each case, we were informed that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-) (2) and investigated whether the individual or firm that submitted the verification form (or on whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds. The Appendix also indicates 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 $8,529.
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 IV, Account No. 999DOE010Z, maintained at the Department of 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 18, 1997
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
(2)The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM RK272-01519 DEVINE & SON TRUCKING CO. C/O CARL A. DOLK P.O. BOX 217 WEST SACRAMENTO, CA 95691 2,593,316 $2,075 RF272-59116 RK272-01542 LLOYD H. GERRY C/O LES JERRY P.O. BOX 31 EL DORADO, AR 717310031 6,144 $5 RF272-30892 RK272-01550 ESTATE OF W.F. SLEDGE C/O KATHARINE SLEDGE P.O. BOX 523 WHITEVILLE, NC 28472 383,000 $306 RF272-60243 RK272-01601 ANSELL PERRY, INC. C/O THOMAS L. SAUTTERS 1875 HARSH AVE., S.E. MASSILLON, OH 44646 1,498,656 $1,199 RF272-42824 RK272-01803 MARILYN G. BURG RT. 1, BOX 18 UNIONTOWN, WA 99179 103,104 $82 RF272-45974 RK272-01830 DAVID W. MORRELL 1468 DURHAM RD. ROXBORO, NC 27573 977,667 $782 RF272-44753 RK272-01831 DAVID W. MORRELL 1468 DURHAM RD. ROXBORO, NC 27573 104,314 $83 RF272-44752 RK272-01833 GLORIA O. POUSSON P.O. BOX 52 EGAN, LA 70531 151,326 $121 RF272-35464 RK272-02718 BERTHA M. JACOBSEN 1408 SANTA RITA N. CUT BANK, MT 59427 63,560 $51 RF272-63631 RK272-03242 GORDON M. GANTZERT 655 E. SPRING RD. MAZON, IL 60444 74,256 $59 RF272-51061 RK272-03480 JANNETTE I. SWENSEN 555 DAVIDSON LANE CORVALLIS, MT 59828 63,560 $51 RF272-63631 RK272-03481 FRANKLYN SWENSEN P.O. BOX 583 HANFORD, CA 93232 63,560 $51 RF272-63631 RK272-04115 MELLEMA TRUCKING, INC. C/O KENNETH MELLEMA 11820 W. 66TH PLACE, #1 ARVADA, CO 80004 1,041,600 $833 RF272-65929 RK272-04364 CINDY TENWICK HCR 85, BOX 170-M BONNERS FERRY, ID 838059621 892,800 $714 RF272-43754 RK272-04365 LAVERN WIEGLE 140 ASPEN CIRCLE TORRINGTON, WY 82240 115,798 $93 RF272-33363 RK272-04414 EUREKA VAN & STORAGE CO., INC. C/O SUSAN SHEEHAN P.O. BOX 17383; WASH. DULLES AIRPT WASHINGTON, DC 20041 716,000 $573 RF272-55450 RK272-04416 FRESH START BAKERIES C/O WILLIAM ROBLES 145 S. ST. COLLEGE BLVD., #200 BREA, CA 92621 679,950 $544 RF272-59260 RK272-04442 SOLOMON BROS. INVEST. HOLDING C/O LES JERRY 1 NEW YORK PLAZA NEW YORK, NY 10004 740,932 $593 RF272-30892 RK272-04443 ROBERT L. GERRY IV C/O LES JERRY P.O. BOX 31 EL DORADO, AR 71731 6,144 $5 RF272-30892 RK272-04444 LISA M. MEARS C/O LES JERRY 712 MAIN ST., #2200 HOUSTON, TX 77002 37,582 $30 RF272-30892 RK272-04445 KATHRYN MOSBACHER C/O LES JERRY 712 MAIN ST., #2200 HOUSTON, TX 77002 37,582 $30 RF272-30892 RK272-04446 DIANE MOSBACHER C/O LES JERRY 712 MAIN ST., #2200 HOUSTON, TX 77002 37,582 $30 RF272-30892 RK272-04447 ROBERT MOSBACHER JR. C/O LES JERRY 712 MAIN ST., #2200 HOUSTON, TX 77002 37,542 $30 RF272-30892 RK272-04448 ROBERT MOSBACHER C/O LES JERRY 712 MAIN ST., #2200 HOUSTON, TX 77002 18,472 $15 RF272-30892 RK272-04449 ANN CALHOON C/O LES JERRY 217 W. CAPITOL, #201 JACKSON, MS 39201 98,983 $79 RF272-30892 RK272-04450 PAULA P. JAMES C/O LES JERRY 217 W. CAPITOL, #201 JACKSON, MS 39201 98,983 $79 RF272-30892 RK272-04451 CHELSEY PRUET C/O LES JERRY P.O. BOX 31 EL DORADO, AR 717310031 19,948 $16 RF272-30892 TOTALS: 27 10,662,361 $8,529