Case No. RA272-00079

August 8, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner: Fearnley & Eger AS

Date of Filing: July 24, 1997

Case Number: RA272-79

On July 21, 1997, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting Applications for Refund that were submitted by Fearnley & Eger AS (F&E) and 23 other maritime shipping companies. These companies were granted refunds from crude oil monies available for disbursement by the OHA pursuant to 10 C.F.R. Part 205, Subpart V. Polish Ocean Lines et al., Case Nos. RG272-0195 et al. (July 21, 1997) (Polish Ocean Lines).

In that Decision, we granted a refund of $12,189 to F&E based on an estimated purchase volume claim of 7,618,055 gallons of refined petroleum products. We were subsequently informed by F&E that it had inadvertently submitted an incorrect estimate, and that the refund should be based on an estimated volume of 14,191,582 gallons. We have reviewed the information submitted by F&E in support of its revised estimate, and we find that estimate accurately reflects the applicant’s purchases of refined petroleum products during the crude oil refund period (August 19, 1973 through January 27, 1981), and that all of the volume claimed was purchased in the United States. We will therefore approve F&E’s revised estimate.

Generally, a claimant is eligible for a refund equal to the number of gallons it purchased multiplied by $0.0016. We derived this volumetric refund amount by dividing the total crude oil refund monies currently available by the total U.S. consumption of petroleum products during the period of crude oil price controls (2,020,997,335,000 gallons). Accordingly, F&E is entitled to a refund of $22,707 (14,191,582 x $0.0016). The refund check has not yet been disbursed to F&E. We will therefore modify our Decision in Polish Ocean Lines to reflect this increased refund amount.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the OHA on July 21, 1997, Polish Ocean Lines et al., Case Nos. RG272-195 et al., is hereby modified with respect to Fearnley & Eger AS, Case No. RG272-408, redesignated as RA272-79, as set forth in paragraph (2) below.

(2) Instead of the refund of $12,189 for F&E provided for in Polish Ocean Lines, 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 of $22,707 from the DOE deposit fund escrow account denominated Crude Tracking - Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury, to: Fearnley & Eger AS or Wilson, Keller & Associates, P.O. Box 221145, Memphis, TN 38122.

(3) To facilitate the payment of any future refunds, the 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

1000 Independence Avenue, S.W.

Washington, D.C. 20585-0107

(4) The determination made in this Decision and Order is based upon the presumed validity of the statements and documentary materials submitted by the applicant. This determination may be revoked or modified at any time upon a finding 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: August 8, 1997