Case No. RB272-00116

August 14, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Crude Oil Supplemental Refund Distribution

Date of Filing: July 22, 1997

Case Number: RB272-00116

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 the 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 August 19, 1973 through January 27, 1981, multiplied by a per gallon refund 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 smaller 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) Further, applicants who previously received a refund will receive a supplemental refund based on an additional $0.0008 per gallon. 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 applicants or certifications from representatives.

The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. The Appendix also indicates the original case numbers of these applicants and the dollar amount of the supplemental refund for each applicant. The total amount of additional refunds being approved in this Order for the benefit of 24 recipients is $34,943.

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 4, 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 imposed 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 14, 1997

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


APPENDIX   RB272-00116      
CASE NO. FIRM   ADDRESS   REFUND
RF272-00120 PEPSI-COLA BOTTLING SAN DIEGO C/O MARIA CAFARELLI 1 PEPSI WAY, MD 5N548 SOMERS, NY 10589 $535
RF272-00218 PEPSI-COLA BTLG. MINNEAPOLIS C/O MARIA CAFARELLI 1 PEPSI WAY, MD 5N548 SOMERS, NY 10589 $1,288
RF272-05203 MARION GELZWILLER BOX U GILA BEND, AZ 85337 $708
RF272-05259 J.H. SESSIONS & SON C/O PAUL L. SESSIONS P.O. BOX 3265 BRANFORD, CT 06405 $330
RF272-05351 JOHN A. GRAVELEY C/O GLEN GRAVELEY HC 32, BOX 19 CIRCLE, MT 59215 $210
RF272-09440 ROBERTSHAW CONTROLS CO. C/O PATRICIA A. DUFFEY P.O. BOX 2940 LOVES PARK, IL 611322940 $1,715
RF272-14529 WALKER-WILLIAMS LUMBER CO. INC C/O JOHN J. GINDVILLE P.O. BOX 170 HATCHECHUBBEE, AL 36858 $5,832
RF272-16577 DELMAR EUGENE GENEREUX 2012 G ST. BELLEVILLE, KS 66935 $95
RF272-17600 RONALD SMITH 3108 GILLBURG RD. HENDERSON, NC 27536 $793
RF272-19577 CITY OF MENDOTA HEIGHTS C/O L.E. SHAUGHNESSY, JR. 1101 VICTORIA CURVE ST. PAUL, MN 55118 $211
RF272-22570 G.A. FINLEY, INC. C/O G.A. FINLEY P.O. BOX 420 THEODOSIA, MO 65761 $1,680
RF272-22961 EVER-GREEN LAWNS CORP. C/O JOSEPH B. HANKS 860 RIDGE LAKE BLVD. MEMPHIS, IN 381209417 $1,594
RF272-23124 MORGAN HILL UNIFIED SCHL DIST. C/O FRED GALLACINAO 15600 CONCORD CIRCLE MORGAN HILL, CA 95037 $1,298
RF272-23363 GREENFIELD CONSTRUCTION CO INC C/O RALPH HOUGHTON JR. 14800 FARMINGTON RD., #102 LIVONIA, MI 48154 $2,799
RF272-23736 TUTTLE BARKSDALE 13166 S.R. 24 W. SANDERSVILLE, GA 310824731 $255
RF272-25437 MARVIN SEGGERMAN 56290 714TH RD. FAIRBURY, NE 683525051 $58
RF272-25462 JOHN W. TOBEN 1415 N. LINCOLN FREMONT, NE 68025 $204
RF272-25629 BURNETT COUNTY HIGHWAY DEPT. C/O GARY GEDART 8150 HWY. 70 SIREN, WI 54872 $1,879
RF272-26753 HILLSIDE HOMES ATTN: ALAN STEINMETZ 427 E. 74TH ST. NEW YORK, NY 10021 $6,854
RF272-27211 UNITED GROCER, INC. C/O NORM DYE 6433 S.E. LAKE RD. MILWAUKEE, OR 97222 $5,985
RF272-29804 HUBER FARMS INC. C/O ROBERT HUBER RT. 1, BOX 315 VIDA, MT 59274 $334
RF272-30250 NEIL A. SHAFFER 10101 18 MILE RD. MARSHALL, MI 49068 $80
RF272-30499 ACTION PIG CO. C/O ALFRED DAMME, JR. BOX 122A COOK, NE 68329 $76
RF272-30880 BARLOW R. HAALAND P.O. BOX 872 INVERNESS, MT 59530 $130
Totals: 24 RB272-00116     $34,943


Last Updated on 8/15/97
By OHA