Case No. RF272-96303
May 5, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:King George County Public School, et al.
Dates of Filings: June 10, 1994, et al.
Case Numbers: RF272-96303, et al.
This Decision and Order considers and ultimately grants nine Applications for Refund, releasing a total of $21,711 in the Subpart V crude oil refund proceeding. The names of the nine Applicants are set forth in the Appendix to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and each 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). Each Applicant relies on the presumption of injury for end-users as the basis for its refund claim. Under this presumption, OHA will presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).
We have reviewed the information submitted by all nine applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. (1) 1/ After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision. 2/(2) The total volume for which refunds are approved in this Decision is 13,570,101 gallons and the sum of the refunds granted is $21,711.
The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.
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 Tracking-Claimants IV, Account No. 999DOE010Z, to the applicants representative, Petroleum Funds, Inc.. Refund checks totaling $21,711 shall be sent to the Petroleum Funds, Inc., at the following address:
Ms. Bobbie Brown
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 the 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: May 5, 1997
(1)All of the Applications under consideration were filed by Petroleum Funds, Inc., a private filing service located in Paris, Tennessee.
(2)Interested parties were given an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any application involved in this determination.
Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-96303 KING GEORGE CNTY. PUB. SCHOOL OR PETROLEUM FUNDS, INC. C/O CHARLENE ATKINS 728,983 $1,166 RF272-96304 CARNEGIE SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O HAROLD BUTLER 219,801 $352 RF272-96305 SOUTHEASTERN GREENS SCHOOL OR PETROLEUM FUNDS, INC. C/O JANET TUKLEE 554,317 $887 RF272-96307 RHINELANDER SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O DIANNE MEYER 944,009 $1,510 RF272-96308 LINCOLN WAY COMM. HIGH SCHOOL OR PETROLEUM FUNDS, INC. C/O LAWERENCE WYLLIE 767,145 $1,227 RF272-96400 BAY SHORE UNION FREE SCHOOL OR PETROLEUM FUNDS, INC. C/O MARK GOLDE 2,897,917 $4,637 RF272-96401 SURPRISE VAL. JT. UNIF. SCHOOL OR PETROLEUM FUNDS, INC. C/O JACKIE MCQUILLAN 1,163,392 $1,861 RF272-96402 MONTEFIORE 1 SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O MAVIS BUCHOLZ 78,417 $125 RF272-96405 NASSAU BOCES OR PETROLEUM FUNDS, INC. C/O ALLAN MACKLOWE 6,216,120 $9,946 Totals: 9 13,570,101 $21,711
Last Updated on 7/10/97
By OHA