Case No. RF272-95354
March 28, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Ft. Thomas Unified District 7, et al.
Dates of Filings: May 19, 1994, et al.
Case Numbers: RF272-95354, et al.
This Decision and Order will consider Applications for Refund filed by 29 claimants that purchased refined petroleum products during the period August 19, 1973, through January 27, 1981. Each applicant listed in the Appendix attached to this Decision and Order 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 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. Applicants that were end-users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each of the applicants has shown that it was an end-user of its purchases and is entitled to a refund based on the number of gallons it purchased.
The amount of an applicant's refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. 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 9,368,335 gallons and the sum of the refunds granted is $14,989. Each applicant has requested that its refund check be sent to Petroleum Funds, Inc., a private filing service.
It Is Therefore Ordered That:
(1) The 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 Oil Claimants 4, Account No. 999DOE010Z, to the applicants listed in the Appendix. Refund checks shall be sent to:
Petroleum Funds, Inc.
P.O. Box 1380
Paris, TN 38242-9986
(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: March 28, 1997
Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-95354 FT. THOMAS UNIFIED DIST. 7 OR PETROLEUM FUNDS, INC. C/O ELDON WOODALL 121,406 $194 RF272-95355 DOLORES SCHOOL DIST. RE-4A OR PETROLEUM FUNDS, INC. C/O BILLIE MCNUTT 95,232 $152 RF272-95356 KALAMA SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O CHARLES R. ANDERSON 16,703 $27 RF272-95359 BLACK ROCK SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O BOBBY J. MCMILLON 207,107 $331 RF272-95360 GALATIA C U SCHOOL DIST. 1 OR PETROLEUM FUNDS, INC. C/O WILLIAM E. CROSS 81,044 $130 RF272-95363 SUMTER SCHOOL DIST. 17 C/O JOSEPH KLEIN JR. 764,869 $1,224 RF272-95364 HOMEDALE JT. SCHOOL DIST. 370 OR PETROLEUM FUNDS, INC. C/O RICHARD W. PETERS 364,560 $583 RF272-95365 LACKAWANNA TRAIL SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O DAVID HOMISH 178,872 $286 RF272-95367 GEYSERVILLE UNIFIED SCHL DIST OR PETROLEUM FUNDS, INC. C/O SUSAN MOORE 88,089 $141 RF272-95368 CITY OF SHEFFIELD OR PETROLEUM FUNDS, INC. C/O LAUGHLIN ASHE 296,164 $474 RF272-95370 BOROUGH OF HELLERSTOWN OR PETROLEUM FUNDS, INC. C/O JAMES W. SIGWORTH 174,043 $278 RF272-95371 NINEVEH-HENSLEY JACKSON SCHOOL OR PETROLEUM FUNDS, INC. C/O MARTIN HALL 289,275 $463 RF272-95372 MEINERAL SPRINGS SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O SAMMY JACKSON 78,284 $125 RF272-95373 MOUNTAIN PINE SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O DON BAILEY 92,695 $148 RF272-95374 CARTER COUNTY, KY OR PETROLEUM FUNDS, INC. C/O JOE D. KITCHEN 983,754 $1,574 RF272-95375 CREIGHTON PUBLIC SCHOOL OR PETROLEUM FUNDS, INC. C/O FRED BOELTER 18,600 $30 RF272-95376 CARNEY NADEAU PUBLIC SCHOOLS OR PETROLEUM FUNDS, INC. C/O FAYE N. DEMARTE 65,167 $104 RF272-95379 WRIGHT CITY SCHOOL DIST., OK OR PETROLEUM FUNDS, INC. C/O DAVID HAWKINS 140,206 $224 RF272-95381 FISHER C.U. SCHOOL DIST. 1 OR PETROLEUM FUNDS, INC. C/O WILLIAM WHITE 109,256 $175 RF272-95384 BEN BOLT-PALITO BLANCO I.S.D. OR PETROLEUM FUNDS, INC. C/O DAVID C. DEAVER 199,213 $319 RF272-95386 COWDEN-HERRICK ELEM. C.C. DIST OR PETROLEUM FUNDS, INC. C/O LEN DEFEND 328,550 $526 RF272-95387 MARMADUKE SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O JERRY MCINTOSH 148,800 $238 RF272-95389 MERCED COUNTY OFFICE EDUCTN. OR PETROLEUM FUNDS, INC. C/O NELSON HEISEY 246,279 $394 RF272-95390 VILLAGE OF HARWOOD HEIGHTS OR PETROLEUM FUNDS, INC. C/O JOAN K. WHITE 199,856 $320 RF272-95392 WORCESTER CNTY BRD EDUCATION OR PETROLEUM FUNDS, INC. C/O GARY A. MCCABE 2,278,024 $3,645 RF272-95393 CITY OF OXFORD, MS. OR PETROLEUM FUNDS, INC. C/O DAVID N. BENNETT 879,355 $1,407 RF272-95394 DENT PHELPS R-III SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O NANCY A. CRAMPTON 274,171 $439 RF272-95395 I.S.D. #2071 OR PETROLEUM FUNDS, INC. C/O DONNA LUHRING 341,489 $546 RF272-95396 CLOQUET PUBLIC SCHOOLS OR PETROLEUM FUNDS, INC. C/O JOE MACKAI 307,272 $492 Totals: 29 9,368,335 $14,989
Last Updated on 7/24/97
By OHA