Case No. RF272-79354

March 10, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Weaver Union Elementary School District, et al.

Date of Filings: July 25, 1990, et al.

Case Numbers: RF272-79354, et al.

This Decision and Order considers and ultimately grants, in whole or in part, 17 Applications for Refund, releasing a total of $51,486 in the Subpart V crude oil refund proceeding. The names of the 17 Applicants are set forth in the Appendix to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and each has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy (DOE) pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). Each Applicant relies on the presumption of injury for end-users as the basis for its refund claim. Under this presumption, OHA will presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by all 17 applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision.(1) The total volume for which refunds are approved in this Decision is 32,179,741 gallons and the sum of the refunds granted is $51,486.

The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the

resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

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 II, Account No. 999DOE010Z, to the applicants or their representatives listed in the Appendix. Refund checks totaling $12,389 shall be sent to the representative of 5 applicants:

Petroleum Funds, Inc.

P.O. Box 1380

Paris, TN 38242-9986

One check in the amount of $232 shall be sent to the representative of Aerostat, Inc.:

Wilson, Keller & Associates

P.O. Box 221145

Memphis, TN 38122

Checks totalling $38,865 shall be sent to the other applicants listed in the Appendix.

(3) 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

(4) 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 the refund application is incorrect.

(5) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: March 10, 1997

(1)Interested parties were given an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any application involved in this determination.


Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND
RF272-79354 WEAVER UNION ELEMENTARY C/O ATSUKO MICHAEL OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 38242 289,631 $463
RF272-79363 SAN MARCOS UNIFIED SCHOOL DAVID ALLMAN OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 38242 1,921,820 $3,075
RF272-79381 MARION COUNTY SCHOOL DISTRICT S.E. BARRETT OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 4,309,764 $6,896
RF272-83136 CITY OF AUBURN C/O R.L. CRIMBLY OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 335,534 $537
RF272-83210 CITY OF MANTECA C/O LETICIA T. ESPINOZA OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 886,082 $1,418
RF272-94314 S.T. OWENS CONSTRUCTION CO. C/O JULIA J. OWENS 115 GRANDVIEW DR. ELLISVILLE, MS 39437 152,763 $244
RF272-94326 RICHARDSON INVESTMENT CO. C/O B.C. RICHARDSON 6161 SAVOY #1207 HOUSTON, TX 77036 411,511 $658
RF272-94333 CHILDS BROS. MOTOR CO., INC. C/O VERNON L. CHILDS 5825 STEWART RD. GALVESTON, TX 77550 108,299 $173
RF272-94336 DOUBLE TWO, INC. C/O HAROLD EASLEY RT. 4, BOX 191 COMANCHE, TX 76442 130,738 $209
RF272-94344 MIDDLE GEORGIA ELEC. MBR. CORP C/O RANDY KENT P.O. BOX 157 VIENNA, GA 31092 246,154 $394
RF272-94345 ROANOKE GAS CO. C/O ROGER L. BAUMGARDNER BOX 13007 ROANOKE, VA 24030 353,575 $566
RF272-94365 VOSKAMP MOTORS C/O A.D. VOSKAMP, JR. DRAWER F HALLETTSVILLE, TX 77964 140,693 $225
RF272-94375 CARPENTER & RAY FARM C/O PRENELLA CARPENTER RT. 1, BOX 456 LAKE VILLAGE, AR 71653 103,335 $165
RF272-94605 BOSTON TRUCK CO., INC. C/O JOSEPH RIVIECCIO 194 1ST ST. CAMBRIDGE, MA 02142 339,228 $543
RF272-94612 AEROSTAT, INC. C/O LOUIS PUCKETT OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 145,295 $232
RF272-94614 WEST VALLEY FARMERS C/O MEL JANSEN OR WILCO FARMERS 2741 W. HWY. 99 MCMINNVILLE, OR 97128 12,232,067 $19,571
RF272-94684 CONSUMERS COOPERATIVE ASSN. C/O RALPH POLIOKA 1025 E. FRONTAGE RD. LITCHFIELD, MN 553552699 10,073,252 $16,117
Totals: 17       32,179,741 $51,486
             


Last Updated on 7/24/97
By OHA