Case No. RK272-04201
March 7, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Applicant: Kathleen Lanier
Date of Filing: February 19, 1997
Case Number: RK272-04201
This Decision and Order will consider an Application for Supplemental Refund filed by Kathleen Lanier in the Subpart V crude oil refund proceeding being conducted by the Office of Hearings and Appeals (OHA). (1) The original refund application which forms the basis for this supplemental request was filed in the name of Golden Dawn Foods, Inc. (Golden).
Ms. Lanier advised that her deceased husband was Golden's controller until his death. She stated that her husband was simply an employee of Golden and had no ownership in the company. Moreover, she revealed that she is neither affiliated with, nor a current or former owner of Golden. Ms. Lanier explained that a company named Asset Recoveries urged her to file the application, claiming she was entitled to the supplemental refund. Ms. Lanier admitted, however, that she is not acting on Golden's behalf or at the company's direction.
OHA has a statutory duty to identify and provide restitution to injured persons. 15 U.S.C. § 4502(b). The Office would be negligent in discharging that duty if it granted a refund to someone other than an identified injured person. Texaco/Huffy Gas, 22 DOE ¶ 85,220 at 88,586, n.4 (1992). Therefore, the refund procedures the Office has established provide that the right to receive a refund generally remains with the owner of a firm during the price control period. Nevertheless, the right to receive a refund can be transferred to a subsequent owner of the firm if: (i) the firm is a corporation, the entire capital stock of which was purchased by the subsequent owner; (ii) the firm's assets were sold under an agreement that indicated, either explicitly or implicitly, that potential refunds were being transferred. Mrs. M.B. Troy, 23 DOE ¶ 85,049 (1993).
In this case, it is clear that Ms. Lanier had no standing to file a supplemental refund application in Golden's stead. We will therefore deny the Application submitted by Ms. Lanier.
It Is Therefore Ordered That:
(1) The Application for Supplemental Refund filed by Kathleen Lanier, Case No. RF272-04201, be and hereby is denied.
(2) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: March 7, 1997
(1)For information pertaining to the Supplemental Distribution of Subpart V Crude Oil Refund Monies, see State of Montana, et al., 25 DOE ¶ 85,059 (1995).