Case No. RC272-00378
December 12, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Petitioner: Mountain View Cooperative-Fairfield
Date of Filing: December 12, 1997
Case Number: RC272-00378
On November 13, 1997, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting a refund to Mountain View Cooperative-Fairfield (Mountain View), an agricultural cooperative, in the Subpart V crude oil refund proceeding. Belle Pass Towing Corp. et al., Case Nos. RF272-57009 et al. (November 13, 1997) (Belle Pass). In that Decision, Mountain View (Case No. RF272-95725) was granted a refund of $11,711 based on purchases of 7,319,222 gallons of refined petroleum products between August 19, 1973, and January 27, 1981.
The OHA recently determined that it had failed to reduce Mountain Views approved purchase volume by the amount of the applicants ineligible sales to non-members of the cooperative, which were two percent of its total sales. Therefore, the OHA will modify the Decision made in Belle Pass with respect to Mountain View (Case No. RF272-95725). The OHA will revise Mountain Views approved gallonage claim to 7,172,838 gallons and issue a refund check in the amount of $11,477.
It Is Therefore Ordered That:
(1) The Decision and Order issued by the DOE on November 13, 1997, Belle Pass Towing Corp. et al., Case Nos. RF272-57009 et al., is hereby modified with respect to Mountain View Cooperative-Fairfield (Case No. RF272-95725), redesignated as RC272-00378.
(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 $11,477 from the escrow account
maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to:
Mountain View Cooperative-Fairfield OR
Energy Refunds, Inc.
c/o Eric Small
31 Small Lane
Hardin, KY 42048
(3) The volume claim approved for Mountain View Cooperative- Fairfield (Case No. RF272-95725) shall be changed in the Office of Hearings and Appeals database from 7,319,222 gallons to 7,172,838 gallons.
(4) The determination made in this Decision and Order is 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: December 12, 1997