Case No. RK272-04232

August 4, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Service America Corp.

Date of Filing: March 3, 1997

Case Numbers: RK272-04232 et al.

Pursuant to the long-standing policy of the Department of Energy (DOE), thousands of purchasers of petroleum products have applied for, and been granted, refunds from crude oil overcharge funds under jurisdiction of the DOE's Office of Hearings and Appeals (OHA). See Statement of Modified Restitutionary Policy To Be Implemented In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil funds are set forth at 10 C.F.R. Part 205, Subpart V.

The OHA has approved more than 87,000 requests for refund from the pool of crude oil overcharge funds. In Subpart V crude oil refund cases, a claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period from August 19, 1973 through January 27, 1981, multiplied by a per gallon amount. That per gallon refund amount is derived by dividing the total refund monies available by the total U.S. consumption of petroleum products during the crude oil price control period. Refunds had been calculated by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor had been in use since April 1989, when it replaced an earlier volumetric factor of $0.0002 per gallon. Any applicant who received a refund at the lower volumetric factor has also received a supplemental refund based on an additional $0.0006 per gallon. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).

Additional crude oil overcharge funds have become available for disbursement and we can now issue additional refund checks to applicants. Sufficient funds are available to pay applicants at a new, aggregate rate of $0.0016 per gallon.(1) Thus, the amount of the supplemental refund will be equal to the refund already received. Refunds are rounded to the nearest dollar.

In order to receive a supplemental refund check, applicants are being required to verify (directly or through their representatives) that their name and address in our records are correct, to correct any information that is not accurate, and to indicate whether there has been any change in circumstances affecting the payment of the refund. We intend to issue a series of Decision and Orders approving supplemental refunds as we receive completed verification forms from all applicants or certifications from their representatives.

This Decision and Order will consider twelve applications for supplemental refund Service America Corp. (Service America), a food service contractor headquartered in Stamford, Connecticut, filed on behalf of twelve of its regional offices. During our review process of Service America's applications for supplemental refund, we were informed that there had been a change of circumstances since the previous refunds were disbursed to the company. Accordingly, we set up new case files (designated RK272-)(2) and investigated whether Service America was the proper party to receive the supplemental refunds. On the basis of that investigation, we have determined that Service America is the proper recipient of those supplemental refunds. The Appendix indicates the dollar amount of the supplemental refund for each of Service America's regional offices. The total amount of additional refunds being approved in this Order is $9,723.

It Is Therefore Ordered That:

(1) 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 supplemental refund to each Crude Oil Refund Recipient set forth in the Appendix to this Order.

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of the Treasury.

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

Washington, D.C. 20585-0107

(4) Any conditions that applied to an applicant's receipt of the initial crude oil refund shall also apply to that applicant's receipt of this supplemental refund.

(5) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: August 4, 1997

APPENDIX
Name and New Case No. Old Case No. Payee and Address Volume Refund
________________________ __________ _______________________________ ____________ _______
RK272-04232 RF272-06693 Service America Corp. 343,541 $275
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
RK272-04233 RF272-07230 Service America Corp. 818,292 $655
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
RK272-04234 RF272-05974 Service America Corp. 491,906 $394
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
RK272-04235 RF272-06135 Service America Corp. 529,542 $424
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
RK272-04236 RF272-35545 Service America Corp. 415,000 $332
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
RK272-04237 RF272-06230 Service America Corp. 346,544 $277
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
RK272-04238 RF272-23954 Service America Corp. 558,750 $447
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
RK272-04239 RF272-06700 Service America Corp. 1,784,000 $1,427
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
RK272-04240 RF272-23953 Service America Corp. 1,547,116 $1,238
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
RK272-04241 RF272-87020 Service America Corp. 3,733,770 $2,987
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
RK272-04242 RF272-07903 Service America Corp. 574,470 $460
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
RK272-04510 RF272-32399 Service America Corp. 1,009,320 $807
Service America Corp. c/o Dominic Satori
100 First Stamford Pl., P.O. Box 10203
Stamford, CT 06904-2203
________________________ __________ _______________________________ ____________ _______
TOTALS: 12 applicants 12,152,251 $9,723

1. We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

2. The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the applications will be known by the new case numbers.