Case No. RG272-00105

May 22, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Name of Petitioner: Averitt Express

Date of Filing: March 28, 1995

Case Number: RG272-105

This Decision and Order considers an Application for Refund filed by Resource Refunds, Inc. on behalf of Averitt Express (Averitt) in the Subpart V proceeding being conducted by the Office of Hearings and Appeals (OHA) of the Department of Energy. Averitt purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and has requested a refund from crude oil monies available for disbursement by OHA pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The company 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 Averitt and determined that it was an end-user of eligible petroleum products. After examining the documentation submitted by Averitt and speaking with company representatives, we find that Averitt used reasonable estimation techniques in calculating its purchase volumes during the period in question. Based upon a careful review of Averitt’s Application, we have concluded that it is meritorious. Therefore, we will direct that Averitt receive a refund in the amount of $16,086 based on its purchases of 10,054,054 gallons of petroleum products.(1)

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 Application for Refund filed by Resource Refunds, Inc. on behalf of Averitt Express 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 a refund in the amount of $16,086 from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to Averitt Express at the following address:

Averitt Express

P.O. Box 3166

Cookeville, TN. 38502-3166

(3) To facilitate the payment of future refunds, the applicant 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 applicant. 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: May 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 this application.