Case No. RG272-00845
May 23, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Applicants: L.C. Kruse & Sons, Inc.
Hart Well Drilling Company
P.Q. Corporation
Date of Filings: July 5, 1995
Case Numbers: RG272-00845
RG272-00876
RG272-00941
This Decision and Order will consider Applications for Refund filed by three applicants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the attached Appendix 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 the past, purchasers of refined products could apply to the OHA for a refund from crude oil overcharge funds collected by the DOE. 51 Fed. Reg. 27899 (August 4, 1986). We have established refund procedures for these funds, which have been made available through consent orders between the DOE and numerous firms that sold crude oil during the price control period. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987) (Berry); A. Tarricone, Inc., 15 DOE ¶ 85, 495 (1987); Mountain Fuel Supply Co., 14 DOE ¶ 85,475 (1986).
In order to receive a refund for crude oil overcharges, an applicant generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. However, applicants that were end users of petroleum products and whose business was unrelated to the petroleum industry are presumed to have been injured. As such, they need not submit proof of injury to receive
a refund in the Subpart V proceeding. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).
We have reviewed the information submitted by these three applicants and determined that each was an end user of petroleum products.(1)Each of the applicants listed in the Appendix has documented its purchase volumes. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 44,243,999 gallons and the sum of the refunds granted is $70,790.
The final deadline for submitting Applications in 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 three 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 4, Account No. 999DOE010Z, to the applicants listed in the Appendix. Each applicants mailing address is listed in the Appendix. The total amount approved in this Decision for the benefit of three applicants is $70,790.
(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 a 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 23, 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 RG272-00845 L.C. KRUSE & SONS, INC. C/O L.C. KRUSE P.O. BOX 899 LAKEFIELD, MN 56150 25,692,986 $41,109 RG272-00876 HART WELL DRILLING CO. C/O DAVID W. HART 1154 S. JEFFERSON ST. MASON, MI 48854 507,713 $812 RG272-00941 PQ CORP. C/O JOSEPH M. SCHUDA P.O. BOX 840 VALLEY FORGE, PA 194820840 18,043,300 $28,869 Totals: 3 44,243,999 $70,790
Last Updated on 7/10/97
By OHA