Case No. RF272-86027
April 22, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Township of Dover et al.
Dates of Filing: January 17, 1991 et al.
Case Numbers: RF272-86027 et al.
This Decision and Order will consider Applications for Refund filed by 51 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendices attached to the Decision and Order has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy pursuant to the Statement of Modified Restitutionary Policy in Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986).
In order to receive a refund for crude oil overcharges, an applicant that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each applicant's refund share is calculated using the current refund amount of $0.0016 per gallon.
We have reviewed the information submitted by these applicants and determined that each was an end-user of petroleum products.(1)Each of the applicants has demonstrated the volume of its claim by consulting actual records or by using a reasonable estimation technique. The gallonage amounts listed in the
Appendices to this Decision and Order reflect the approved purchase volume for each applicant.(2)
Each of the applicants listed in the Appendices is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendices. The applicants considered in this Decision applied either on their own behalf or through a private filing service. In accordance with each applicant's request, refund checks will be sent to the applicant or the applicant's representative. The total volume for which refunds are approved in Appendix A in this Decision is 16,858,476 gallons and the sum of the refunds granted is $26,974; the total volume for which refunds are approved in Appendix B in this Decision is 23,530,693 gallons and the sum of the refunds granted is $37,650; the total volume for which refunds are approved in Appendix C in this Decision is 80,886,671 gallons and the sum of the refunds granted is $129,421, and the total volume for which refunds are approved in Appendix D in this Decision is 61,724,608 gallons and the sum of the refunds granted is $98,759.
We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the claimants listed in the Appendices 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 Appendices to this Decision and Order from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants 4, Account No. 999DOE010Z to the applicants listed in the Appendices. For those applicants listed in Appendix A, the checks should be made payable to [the applicant] or Petroleum Funds, Inc. and sent to:
Petroleum Funds, Inc.
P.O. Box 1380
Paris, TN 38242-9986
For those applicants listed in Appendix B, the checks should be made payable to [the applicant] or McMickle & Edwards and sent to:
McMickle & Edwards
P.O. Box 221145
Memphis, TN 38122
For those applicants listed in Appendix C, the checks should be made payable to the applicant and sent to the address indicated in the Appendix.
For those applicants listed in Appendix D, the checks should be made payable to [the applicant] or Wilson, Keller & Associates and sent to:
Wilson, Keller & Associates
P.O. Box 221145
Memphis, TN 38122
(3) Each cooperative shall notify its membership of the receipt of the refund and shall pass through to its cooperative member customers all crude oil refunds received in Subpart V refund proceedings conducted by the Office of Hearings and Appeals.
(4) 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 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
1000 Independence Avenue, S.W.
Washington, D.C. 20585-0107
(5) The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary material submitted by the applicants. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any refund application is incorrect.
(6) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: April 22, 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.
(2)Three of the applicants are agricultural cooperatives. In Subpart V refund proceedings, we have generally regarded refund applications filed by cooperatives as claims filed on behalf of their members because cooperatives are in a position to pass through any refunds received to their members. Thus, to the extent that the volumes claimed by the cooperatives were sold to their members, the end-user presumption of injury is applicable to this claim. Each cooperative has certified that it will pass through any refund to its members. Furthermore, we have subtracted from each gallonage claim the volume that the cooperative sold to non-members. Accordingly, we will grant a refund to these cooperatives based on the volumes set forth in Appendix C.
Another applicant, Hurley Medical Center (Case No. RF272- 86865), was granted a refund in an earlier Decision. However, this applicant is requesting a refund based on additional purchases and has submitted the appropriate documentation. Therefore, we will consider Hurley Medical Centers claim.
Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-86027 TOWNSHIP OF DOVER OR PETROLEUM FUNDS, INC. LEON B. LANKFORD 1,018,378 $1,629 RF272-86031 TOWN OF KENNETT SQUARE OR PETROLEUM FUNDS, INC. C/O DOUGLAS P. MARGURIET 381,416 $610 RF272-86083 CHARLESTON COUNTY OR PETROLEUM FUNDS, INC. C/O ROBERT CANNON 6,122,300 $9,796 RF272-86086 ALAMOSA COUNTY OR PETROLEUM FUNDS, INC. C/O JAMES MALLOY 482,583 $772 RF272-86143 LA SALLE COUNTY OR PETROLEUM FUND, INC. C/O JERALD JOHNSON 1,776,571 $2,843 RF272-86197 SANGAMON COUNTY OR PETROLEUM FUND, INC. C/O MARK CRAWFORD 2,928,053 $4,685 RF272-86207 NEWTON COUNTY OR PETROLEUM FUND, INC. C/O ROSE HEARN 3,677,525 $5,884 RF272-86843 CITY OF WILLIAMSTON OR PETROLEUM FUNDS, INC. PAUL B. GOODE 85,529 $137 RF272-86884 CITY OF CIRCLEVILLE OR PETROLEUM FUNDS, INC. C/O PATRICK ALTVATER 386,121 $618 Totals: 9 16,858,476 $26,974 CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-86798 SUWANNEE TRANSFER, INC. OR MCMICKLE & EDWARDS C/O JOHN MURPHREE 2,769,475 $4,431 RF272-86801 BRODERICK TEAMING CO. OR MCMICKLE & EDWARDS C/O JOHN BRODERICK 1,332,205 $2,132 RF272-86802 ANDREW & PIERCE, INC. OR MCMICKLE & EDWARDS C/O ROBERT A. COREY 1,677,295 $2,684 RF272-86804 SCHMIDT TRUCK SERVICE, INC. OR MCMICKLE & EDWARDS C/O EARL A. SCHMIDT 1,068,515 $1,710 RF272-86805 R.A. CRAWFORD TRUCKING SERVICE OR MCMICKLE & EDWARDS C/O RICHARD A. CRAWFORD 2,923,086 $4,677 RF272-86806 GRAF BROS., INC. OR MCMICKLE & EDWARDS C/O DANIEL A. GRAF 3,928,957 $6,286 RF272-86808 FRITZ TRUCKING, INC. OR MCMICKLE & EDWARDS C/O VERNON FRITZ 6,566,088 $10,506 RF272-86811 ZIBERT TRANSPORT CO. OR MCMICKLE & EDWARDS C/O BOB ZIBERT 2,307,027 $3,691 RF272-86814 J.E. COX & SON, INC. OR MCMICKLE & EDWARDS C/O LUDELL COX 958,045 $1,533 Total: 9 23,530,693 $37,650 CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-97348 SANDERS TRUCK LINE, INC. OR WILSON, KELLER & ASSOCIATES LARRY KROPP 626,872 $1,003 RF272-97367 BADGER LINES, INC. OR WILSON, KELLER & ASSOCIATES C/O JAMES R. BUCHMEIER 1,369,072 $2,191 RG272-00423 GLOBAL INT'L AIRWAYS CORP. OR WILSON, KELLER & ASSOCIATES 8,092,115 $12,947 RG272-00424 GOLDEN WEST AIRLINES CO. OR WILSON, KELLER & ASSOCIATES C/O MARTIN STONE 18,468,004 $29,549 RG272-00425 APOLLO AIRWAYS, INC. OR WILSON, KELLER & ASSOCIATES C/O JOE SILER 11,484,551 $18,375 RG272-00426 WRIGHT AIR LINES, INC. OR WILSON, KELLER & ASSOCIATES C/O DON SCHNELLER 5,970,444 $9,553 RG272-00427 COLORADO AIRLINES, INC. OR WILSON, KELLER & ASSOCIATES C/O RON ROUSE 790,256 $1,264 RG272-00429 U.S. BARIUM CORP. OR WILSON, KELLER & ASSOCIATES C/O BILL PRESLEY 14,923,294 $23,877 Totals: 8 61,724,608 $98,759 RASID APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-86041 CITY OF BURLINGTON TREASURER'S OFFICE CITY HALL RM. 22 BURLINGTON, VT 05401 1,494,485 $2,391 RF272-86044 COCA-COLA BOTTLING CO. UNITED C/O STEVAN WILLIAMS 4600 EASTLAKE BLVD. BIRMINGHAM, AL 35217 2,138,544 $3,422 RF272-86045 ASSOCIATED DAIRY FARMERS, INC C/O MIKE ASBURY OR CAROLINA-VIRGINIA MILK PRODUCERS P.O. BOX 32307 CHARLOTTE, NC 28232 7,532,532 $12,052 RF272-86102 INGRAM'S TRUCKING CO. OR SYLVESTER INGRAM JR. P.O. BOX 460 MOORHEAD, MS 38761 613,243 $981 RF272-86236 DEALERS TRANSPORT CO. C/O HARRY L. SMITH P.O. BOX 172079 MEMPHIS, TN 381872079 7,719,592 $12,351 RF272-86822 ANCHORAGE REFUSE, INC. C/O MICKEY POPPINO 6301 ROSEWOOD ST. ANCHORAGE, AK 99518 1,675,279 $2,680 RF272-86823 BLUDCO BARGE & TOWING C/O RICHARD BLUDWORTH JR. P.O. BOX 262424 HOUSTON, TX 77207 1,160,617 $1,857 RF272-86824 H.B. INVESTMENT, INC. C/O ERIC HARMS 318 3RD STREET YREKA, CA 96097 5,007,270 $8,012 RF272-86825 HELENA CHEMICAL CO. C/O JENNIFER WILLIAMS 6075 POPLAR AVE., #500 MEMPHIS, TN 38119 1,821,567 $2,915 RF272-86828 MICHIGAN TRACTOR & MACHINERY C/O JOHN O. MCELROY 24800 NOVI ROAD NOVI, MI 48376 556,166 $890 RF272-86830 MEREDITH PAVING CORP. C/O ANDREW K. ZORN, JR. P.O. BOX 267 RIVERTON, NJ 08077 542,360 $868 RF272-86833 CITY OF BURBANK C/O VINCENT CAINKAR 6215 W. 79TH ST., #2A BURBANK, IL 604591102 672,446 $1,076 RF272-86837 VILLAGE OF SUMMIT C/O VINCENT CAINKAR 6215 W. 79TH ST., #2A BURBANK, IL 604591102 786,925 $1,259 RF272-86840 BASIN COOP INC. C/O LINELLE LOSH P.O. BOX 697 DURANGO, CO 81302 9,693,733 $15,510 RF272-86841 NORTHWOOD COOP OIL CO. C/O DON BOMMERSBACH BOX 398 NORTHWOOD, ND 58267 10,128,609 $16,206 RF272-86842 BON HOMME COUNTY C/O COUNTY AUDITOR DRAWER E TYNDALL, SD 570660605 2,074,265 $3,319 RF272-86845 MILBANK SCHOOL DISTRICT 25-4 C/O GARY GRIMLEY P.O. BOX 1190 MILBANK, SD 572521190 724,425 $1,159 RF272-86858 FARMERS UNION OIL COMPANY C/O ORLAN BUSETH BOX 100 VELVA, ND 58790 18,028,134 $28,845 RF272-86864 SHENANDOAH COUNTY PUBLIC SCHLS C/O JOHN M. ROSS P.O. BOX 488 WOODSTOCK, VA 22664 1,867,000 $2,987 RF272-86865 HURLEY MEDICAL CENTER C/O ROBERT GILLIS 1 HURLEY PLAZA FLINT, MI 48502 545,503 $873 RF272-86872 WISHARD MEMORIAL HOSPITAL C/O BOB MAJORS 1001 W. 10TH STREET INDIANAPOLIS, IN 46202 745,333 $1,193 RF272-86881 JEFFERSON TOWNSHIP BD OF EDUC. C/O RICHARD D. REILLY 28 BOWLING GREEN PARKWAY LAKE HOPATCONG, NJ 07849 1,565,385 $2,505 RF272-86887 JOHNSTON MEMORIAL HOSPITAL C/O KYLE MCDERMOTT P.O. BOX 1376 SMITHFIELD, NC 27577 1,921,198 $3,074 RF272-86894 HILMAR UNIFIED SCHOOL DISTRICT C/O PATRICIA SPARKS 7807 N. LANDER AVE. HILMAR, CA 95324 456,060 $730 RF272-86897 LINCOLN-SUDBURY REGIONAL H.S. C/O JAMES KEITH 390 LINCOLN ROAD SUDBURY, MA 01776 1,416,000 $2,266 Total: 25 80,886,671 $129,421
Last Updated on 7/10/97
By OHA