Case No. RF272-93484

January 16, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Motion for Reconsideration

Names of Petitioners: Warren Brothers Road Co. et al.

Dates of Filing: July 2, 1992 et al.

Case Numbers: RF272-93484 et al.

This Decision and Order will consider Applications for Refund and a Motion for Reconsideration filed by 27 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981.(1)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.(2)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.(3)

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 private filing services. In accordance with each applicant's request, refund checks will be sent to either the applicant or its representative. The total volume for which refunds are approved in Appendix A is 74,464,428 gallons and the sum of the refunds granted is $119,143; the total volume for which refunds are approved in Appendix B is 37,889,347 gallons and the sum of the refunds granted is $60,624; and the total volume for which refunds are approved in Appendix C is 180,885,082 gallons and the sum of the refunds granted is $289,416.

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 and Motion for Reconsideration 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 and sent to the address indicated in that Appendix.

For those applicants listed in Appendix B, 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 31822

For those applicants listed in Appendix C, the checks should be made payable to “[the applicant] or Energy Refunds, Inc.” and sent to:

Energy Refunds, Inc.

31 Small Lane

Hardin, KY 42048

(3) Each cooperative shall notify its membership of the receipt of the refund and shall pass through to its 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: January 16, 1997

(1)One applicant, Warren Brothers Road Co. (Case No. RF272- 93484), filed its application through Akin Energy, Inc., a private filing service. However, Akin is no longer recognized as a representative of applicants in the crude oil proceeding. See Akin Energy, 25 DOE ¶ 85,105 (1996). Therefore, the refund check shall be sent directly to this applicant.

Another applicant, Jackson County (Jackson) (Case No. RG272- 448), 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 Jackson County’s claim.

Another applicant, Ellsworth-Williams Coop Co. (Ellsworth) (Case No. RR272-271), has filed a Motion for Reconsideration of a Decision and Order that was issued by the Office of Hearings and Appeals (OHA) on October 18, 1996. In that Decision, the OHA approved a refund for 22,051,624 gallons of petroleum products purchased by Ellsworth. In its motion, Ellsworth has bought to our attention that it had included an additional 1,488,598 gallons in the documentation that it submitted to this Office to verify its gallonage claim. Therefore, Ellsworth’s Motion for Reconsideration will be considered.

(2)2/ 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.

(3)Thirteen 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 these claims. Each of the cooperatives has certified that it will pass through any refund to its members. Furthermore, we have subtracted from these gallonage claims the volumes that the cooperative sold to non-members. Accordingly, we will grant refunds to these cooperatives based on the volumes set forth in the Appendices.


Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND
RF272-93484 WARREN BROTHERS ROAD CO. TILCON MAINE, INC. P.O. BOX 209 FAIRFIELD, ME 04937 713,405 $1,141
RG272-00326 DOUGLAS ASPHALT CO. C/O JOEL SPIVELY 425 BOWENS MILL HWY. DOUGLAS, GA 31533 25,818,017 $41,309
RG272-00483 AGRILAND FS, INC. C/O GERALD PAINTER P.O. BOX 680; 1212 INDUSTRIAL PKWY HARLAN, IA 51537 23,904,397 $38,247
RG272-00497 THROWER TRUCKING, INC. C/O MADELINE THROWER 409 SAXONBURG BLVD. SAXONBURG, PA 16056 1,196,998 $1,915
RG272-00498 ROCKBRIDGE FARMERS CO-OP, INC. C/O DENNIS W. PAINTER LOCK DRAWER 938 LEXINGTON, VA 24450 21,343,013 $34,149
RR272-00271 ELLSWORTH-WILLIAMS CO-OP CO. C/O KURT ROSS P.O. BOX C; 1410 DEWITT ELLSWORTH, IA 50075 1,488,598 $2,382
Totals: 6       74,464,428 $119,143
             
             
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND  
RG272-00442 TOWN OF BRATTLEBORO OR WILSON, KELLER & ASSOCIATES C/O BARBARA VINCI 554,108 $887  
RG272-00447 L.A. REYNOLDS CO., INC. OR WILSON, KELLER & ASSOCIATES C/O JON R. REYNOLDS 2,166,719 $3,467  
RG272-00448 JACKSON COUNTY OR WILSON, KELLER & ASSOCIATES C/O LYNN PRESLEY 3,154,559 $5,047  
RG272-00451 PLAZA LINCOLN MERCURY, INC. OR WILSON, KELLER & ASSOCIATES C/O L.W. MATTESON, JR. 651,670 $1,043  
RG272-00456 LEE KINTER & SONS OR WILSON, KELLER & ASSOCIATES C/O MARK KINTER 17,982,972 $28,773  
RG272-00461 H & S CONSTRUCTION CO. OR WILSON, KELLER & ASSOCIATES C/O MARY DAVID 757,125 $1,211  
RG272-00470 ORLANDO TRANSIT CO. OR WILSON, KELLER & ASSOCIATES C/O SIDNEY M. SWOPE, JR. 3,806,009 $6,090  
RG272-00474 UNITED MOVING & STORAGE OR WILSON, KELLER & ASSOCIATES C/O C. VINCENT FISTER JR. 1,340,421 $2,145  
RG272-00475 H.O. TAYLOR CHEVROLET, INC. OR WILSON, KELLER & ASSOCIATES C/O HAROLD EASTMAN 1,993,376 $3,189  
RG272-00476 NORMAN TRANSPORTATION LINES OR WILSON, KELLER & ASSOCIATES C/O KENNETH DRAKE 5,482,388 $8,772  
Totals: 10     37,889,347 $60,624  
             
             
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND  
RG272-00477 JEFFERSON LANDMARK, INC. OR ENERGY REFUNDS, INC. C/O BILL GREER 23,524,227 $37,639  
RG272-00478 COVENTRY LEASING CORP. OR ENERGY REFUNDS, INC. C/O THOMAS D. TRIPPLE 951,778 $1,523  
RG272-00479 ANTHONY FARMERS COOP OR ENERGY REFUNDS, INC. C/O LARRY WOOD 10,580,232 $16,928  
RG272-00480 CHENEY CO-OP ELEVATOR ASSN. OR ENERGY REFUNDS, INC. C/O DAVID SMITH 7,962,739 $12,740  
RG272-00481 WHITE RIVER COOP OR ENERGY REFUNDS, INC. C/O HAROLD DANT 29,895,006 $47,832  
RG272-00482 ELKHART CNTY FARM BUREAU OR ENERGY REFUNDS, INC. C/O DEE BYERLY 25,167,907 $40,269  
RG272-00485 NORTH CENTRAL COOP OR ENERGY REFUNDS, INC. C/O CONN HELLEBUST 19,824,726 $31,720  
RG272-00486 DEKALB CO. FARM BUREAU COOP OR ENERGY REFUNDS, INC. C/O CARL FELLER 11,255,170 $18,008  
RG272-00487 FARMERS COOP CO. OR ENERGY REFUNDS, INC. C/O DENNIS ERICKSON 7,623,390 $12,197  
RG272-00488 EQUITY COOP ASSN OR ENERGY REFUNDS, INC. C/O GUST AIPPERSTACH 8,706,706 $13,931  
RG272-00489 FRONTIER COOP OR ENERGY REFUNDS, INC. C/O RON SIBERT 35,393,201 $56,629  
Totals: 11     180,885,082 $289,416  
             


Last Updated on 8/15/97
By OHA