Case No. RB272-00109
May 14, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: April 29, 1997
Case Number: RB272-00109
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 40 recipients is $47,883.
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: May 14, 1997
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
APPENDIX RB272-00109 CASE NO. FIRM ADDRESS REFUND RF272-65562 DUD COOKE MOTOR EXPRESS C/O DENNY COOKE P.O. BOX 219 LAKE CITY, SC 29560 $1,054 RF272-65825 CULLMAN BANANA SUPPLY TRUCKING C/O JAMES W. TIDWELL P.O. BOX 342 HANCEVILLE, AL 35077 $3,079 RF272-66557 MORRISON CO. C/O MAURICE MORRIS 17342 SAN JUAN DR. DETROIT, MI 48221 $1,448 RF272-67752 RANDOLPH COUNTY HWY. DEPT. C/O PATSY ADAMS 107 W. BROADWAY POCAHONTAS, AR 72455 $651 RF272-68117 MESA DISTRIBUTING CO.,INC. C/O DEBRA L. TYE 8870 LIQUID CT. SAN DIEGO, CA 92121 $516 RF272-68610 DONALD S. BENSON 231 POLK ST. AMERICAN FALLS, ID 83211 $703 RF272-68811 FORSYTH SEAFOOD OR DONALD M. FORSYTH P.O. BOX 683 CRESENT, GA 31304 $828 RF272-69213 CITY OF WOODBURY C/O CHARLES OWENS 33 DELAWARE ST. WOODBURY, NJ 08096 $511 RF272-69241 JOHNSON BROTHERS C/O JOHN H. JOHNSON RR 1, BOX 28 FORDVILLE, ND 58231 $167 RF272-70778 CITY OF TERRELL C/O BOBBY BISHOP P.O. BOX 310 TERRELL, TX 75160 $694 RF272-70813 GOLF HOST RESORTS, INC. C/O A. STEPHEN HERZOG P.O. DRAWER 1088 TARPON SPRINGS, FL 34688 $1,463 RF272-70874 WILMINGTON HOUSING AUTHORITY C/O MICHAEL JESTER 400 N. WALNUT ST. WILMINGTON, DE 19801 $1,644 RF272-71847 ARTHUR G. JONES RR 2, BOX 25 READING, KS 66868 $265 RF272-72065 METROPOLITAN WATER RECLAMATN. C/O CLERK/DIR. FINANCE 100 E. ERIE ST., RM. 243 CHICAGO, IL 606112803 $1,440 RF272-74992 MALLARD REALTY GROUP C/O CHESTER D. KAHN P.O. BOX 362 WAYLAND, MA 01778 $640 RF272-75343 BRAVER LUMBER & SUPPLY CO. C/O EDWARD BRAVER 5829 W. MAPLE RD. #125 WEST BLOOMFIELD, MI 48322 $625 RF272-77442 W.T. LISTON CO. C/O PAT WM. LISTON P.O. BOX 1905 LA FERIA, TX 78559 $2,286 RF272-77627 HI-PLAINS COOPERATIVE ASSOC. C/O DENNIS E. APPLEGATE P.O. BOX 429 COLBY, KS 67701 $9,806 RF272-77833 DEXTER ASSOC. C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $823 RF272-77834 DEXTER ASSOICATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $549 RF272-77835 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $496 RF272-77836 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $274 RF272-77837 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $488 RF272-77838 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $434 RF272-77839 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $282 RF272-77840 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $456 RF272-77841 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $690 RF272-77842 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $386 RF272-77843 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $432 RF272-77844 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $504 RF272-77845 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $340 RF272-77846 DEXTER ASSOCIATES C/O MELVIN GINSBERG 747 3RD AVE., 3RD FL. NEW YORK, NY 10017 $346 RF272-82012 BATTIEST PUBLIC SCHOOLS C/O STEVE LOWRIE P.O. BOX 199 BATTIEST, OK 747220199 $250 RF272-84486 VILLAGE OF HINSDALE C/O DAVID COOK 19 E. CHICAGO AVE. HINSDALE, IL 60521 $561 RF272-84683 CHEEKTOWAGA CENTRAL SCH DIST. C/O ROBERT LANGOWSKI 3600 UNION RD. CHEEKTOWAGA, NY 14225 $540 RF272-88871 OKLAHOMA CNTY BD. COMMISSIONER C/O STUART EARNEST, SR. 320 ROBERT S. KERR, #621 OKLAHOMA CITY, OK 73102 $7,492 RF272-90961 DANKWORTH PACKING CO. C/O MIKE DANKWORTH P.O. BOX 584 BALLINGER, TX 76821 $242 RF272-91171 MASSAPONAX SAND & GRAVEL CORP. C/O GEORGE A. RAMER P.O. BOX 1661 FREDERICKSBURG, VA 22402 $733 RF272-92846 FAITHWAY FEED CO., INC. C/O DALE ROWE P.O. BOX 995 GUNTERSVILLE, AL 35976 $235 RF272-93526 AA TRUCK RENTING CORP. C/O ERIC W. ROBERTS 28-90 REVIEW AVE. LONG ISLAND CITY, NY 11101 $3,510 Totals: 40 $47,883
Last Updated on 7/10/97
By OHA