Case No. RF355-00001

September 12, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Macmillan Oil Company/

Howe Laundry, et al.

Date of Filing: June 18, 1996, et al.

Case Numbers: RF355-1, et al.

This Decision grants 31 applicants refunds in the Macmillan Oil Company (Macmillan) special refund proceeding. On March 7, 1988, Macmillan and the Department of Energy entered into a consent order regarding Macmillan's sales of petroleum products between May and December 1979. In the consent order, Macmillan agreed to remit $592,001 (including pre- settlement interest) to the DOE with respect to overcharges on sales propane and fuel oil during the period from November 1, 1973, to April 30, 1974.

On May 29, 1996, the DOE instituted special refund procedures for the distribution of those funds. Macmillan Oil Co., 25 DOE ¶ 85,115 (1996). The DOE found that DOE audit records identified the 66 firms and governmental entities that had been overcharged and the amount of each overcharge. The DOE determined that each of these customers should receive a proportionate share of the Macmillan escrow account based upon the amount that the audit records indicte they had been overcharged. In addition, applicants receive a proportionate share of the interest that has accrued on the funds since they were deposited with DOE. To qualify for a refund, an applicant must demonstrate that it is the same customer as that referred to in the consent order.(1) Our review of the applications submitted in this case

confirms that they are among the 66 identified customers. Accordingly, they shall receive the refunds specified in the Appendix. These refunds total, with accrued interest, $532,178.

It Is Therefore Ordered That:

(1) The Applications for Refund specified in the Appendix are hereby granted 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 from the DOE deposit fund escrow account maintained at the Department of Treasury and funded by Macmillan Oil Company, (Consent Order No. 730T00031Z) the amounts listed in the Appendix to the appropriate claimants. The checks for the Applicants shall be made payable to the Applicants and shall be sent to the addresses listed in the Appendix.

(3) The determinations made in this Decision and Order are based upon the presumed validity of statements and documentary material submitted by the applicants. The determinations may be revoked or modified at any time upon a finding that the factual basis underlying any of the Applications for Refund is incorrect.

(4) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: September 12, 1997

(1)We noted in the implementation order that one former customer, Bride Company, appeared to be a reseller whose potential refund amount was $141,986. Consistent with prior cases, we stated that the maximum refund that Bride could receive would be $50,000, unless the firm demonstrated that it had been injured by Macmillan's overcharges, i.e., that it did not pass them through to its own customers. The firm has not attempted to show that it was injured by the overcharges. We have therefore limited the principal amount of its refund to $50,000.


Appendix
CASE NO. APPLICANT CONTACT LOCATION   PRINCIPAL INTEREST REFUND
RF355-00001 HOWE LAUNDRY OR GENE HOWE 1311 WEST AVE. DES MOINES, IA 50315 $1,938 $873 $2,811
RF355-00002 SHAVER OIL CO., INC. OR BERWIN P. SHAVER 2203 LINCOLNWAY MARSHALLTOWN, IA 50158 $1,032 $465 $1,497
RF355-00003 INLAND MILLS C/O BRIT YORK 1925 E. GRAND DES MOINES, IA 50316 $4,548 $2,050 $6,598
RF355-00006 ELVIEW CONSTRUCTION CO. OR THE ELVIEW CO. 806 S. ANKENY BLVD. ANKENY, IA 50021 $2,385 $1,075 $3,460
RF355-00007 MEREDITH CORP. C/O MIKE REHM 1716 LOCUST ST. DES MOINES, IA 503093023 $4,825 $2,175 $7,000
RF355-00008 MAYTAG CORP. C/O LAW DEPT. 403 W. 4TH ST. N. NEWTON, IA 50208 $156,875 $70,704 $227,579
RF355-00010 VETERANS MEMORIAL AUDITORIUM C/O DUANE BOWER 833 5TH AVE. DES MOINES, IA 50309 $1,789 $806 $2,595
RF355-00011 CROUSE CARTAGE CO. C/O LARRY SOYER P.O. BOX 586; 1205 HWY. 30 W. CARROLL, IA 51401 $734 $331 $1,065
RF355-00012 KECK, INC. C/O MIKE GLYNN 320 S.W. 9TH ST. DES MOINES, IA 50309 $1,899 $856 $2,755
RF355-00014 YOUNKERS, INC. C/O BILL SIMPSON 7TH & WALNUT DES MOINES, IA 50309 $722 $325 $1,047
RF355-00015 ATLANTIC MUNICIPAL UTILITIES C/O STEVE J. TJEPKES 15 W. 3RD ST. ATLANTIC, IA 50022 $1,231 $555 $1,786
RF355-00017 PEPSI-COLA GENERAL BOTTLERS C/O ROBERT E. CALLAN 3501 ALGONQUIN RD. ROLLING MEADOWS, IL 60008 $1,697 $765 $2,462
RF355-00018 BRIDE CO. C/O GREG L. BRIDE P.O. BOX 481758 KANSAS CITY, MO 641481758 $50,000 $22,535 $72,535
RF355-00019 HORMEL FOODS CORP. C/O KEVIN JONES 1 HORMEL PLACE AUSTIN, MN 55912 $20,846 $9,395 $30,241
RF355-00020 UNIVERSITY OF NORTHERN IOWA C/O DOUG JENSEN 224 GILCHRIST HALL CEDAR FALLS, IA 50614 $8,013 $3,611 $11,624
RF355-00023 ASSOC. MILK PRODUCERS, INC. C/O RON WOOD P.O. BOX 61 MASON CITY, IA 50402 $1,126 $507 $1,633
RF355-00026 MIDAMERICAN ENERGY CO. C/O LARRY SMITH P.O. BOX 657 DES MOINES, IA 50303 $7,717 $3,478 $11,195
RF355-00028 DES MOINES IND. CNTY SCHL DIST C/O ROGGER HUDSON 1800 GRAND AVE. DES MOINES, IA 50309 $17,794 $8,020 $25,814
RF355-00029 BILLY H. BRYANT 405 52ND ST. WEST DES MOINES, IA 50265 $32,228 $14,525 $46,753
RF355-00030 SWIFT-ECKRICH, INC. C/O JAMES KRITEK 2001 BUTTERFIELD RD. DOWNERS GROVE, IL 60515 $14,281 $6,436 $20,717
RF355-00031 SWIFT-ECKRICH, INC. C/O JAMES KRITEK 2001 BUTTERFIELD RD. DOWNERS GROVE, IL 60515 $3,131 $1,411 $4,542
RF355-00032 SWIFT-ECKRICH, INC. C/O JAMES KRITEK 2001 BUTTERFIELD RD. DOWNERS GROVE, IL 60515 $1,495 $674 $2,169
RF355-00033 IOWA ROAD BUILDERS CO. C/O GIL GILBERTSON P.O. BOX 3029 DES MOINES, IA 50316 $7,765 $3,500 $11,265
RF355-00035 SPEED QUEEN FABRICE CARE CTRS. OR CHARLES W. KRIZAN II 2425 E. CAMELBACK RD. #450 PHOENIX, AZ 85016 $986 $444 $1,430
RF355-00036 WILSON & CO., INC. OR CONTINENTAL DELI FOODS 1601 N.W. EXPRESSWAY, OKLAHOMA CITY, OK 73118 $3,231 $1,456 $4,687
RF355-00037 PRINCIPAL FINANCIAL GROUP C/O PAT KINGSLEY 7524 HICKMAN RD. DES MOINES, IA 503099980 $3,667 $1,653 $5,320
RF355-00038 NEW MONROE COMMUNITY SCHOOL OR PCM COMM. SCHL. DIST. C/O DEBRA HODGSON P.O. BOX 490 PRAIRIE CITY, IA 50228 $3,743 $1,687 $5,430
RF355-00039 COLLEGE OF OSTEOPATHIC MEDICN. C/O STEPHEN DENGLE U. OF OSTEOPATHIC MEDICINE & HEALTH SCNC 3200 GRAND AVE. DES MOINES, IA 50312 $394 $178 $572
RF355-00040 BOESEN THE FLORIST C/O FRANK BOESEN 3422 BEAVER AVE. DES MOINES, IA 50310 $505 $228 $733
RF355-00044 RALSTON PURINA C/O MIKE SHOVLAN 433 S. PINE ST. DAVENPORT, IA 52802 $2,271 $1,024 $3,295
RF355-00045 STATE OF IOWA OR LAWRENCE I. ABRAMS 3 BETHESDA METRO CENTER, #430 BETHESDA, MD 20814 $7,974 $3,594 $11,568
Totals: 31       $366,842 $165,336 $532,178


Last Updated on 10/21/97
By OHA