Case No. RK272-03988
February 13, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Applicants: Benjamin Speno Joint Venture
Benjamin Speno Joint Venture
Date of Filings: October 29, 1996
Case Numbers: RK272-03988
RK272-03989
This Decision and Order will consider two Applications for Supplemental Refund filed in the Subpart V crude oil refund proceeding on behalf of Benjamin Speno Joint Venture.(1) Benjamin Speno Joint Venture previously received two refunds in the Subpart V proceeding in Case No. RF272-05128, redesignated RK272-03988, and in Case No. RF272-05129, redesignated RK272-03989.
In both of these cases, we were informed that there had been a change of circumstances since the original refund was disbursed. Specifically, the partnership Benjamin Speno Joint Venture has been dissolved. The two partners, Mr. Alvin Benjamin and Ms. Audrey Speno Glacken, are applying for the supplemental refund monies due to the partnership. They have submitted documentation verifying that Mr. Benjamin owned a .6667 share in the partnership and Ms. Glacken owned a .3333 share in the partnership. Therefore, we have determined that the supplemental refunds due to Benjamin Speno Joint Venture should be split between the two partners in accordance with those ownership percentages.
The partners have requested that we direct the supplemental refunds to their filing service, Daniel Barnard Smith Company. The filing service shall then divide the total supplemental refund amount due to Benjamin Speno Joint Venture, giving Mr. Benjamin his .66667 share in the refund monies, and giving Ms. Glacken her .3333 share in the refund monies. The total refund amount approved in this Decision and Order in Case Nos. RK272-03988 and RK272-03989 is $719 (based on a total 898,806 gallons of petroleum products purchased by Benjamin Speno Joint Venture).(2)
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 supplemental refunds to Benjamin Speno Joint Venture, in the total amount of $719, in Case Nos. RK272-03988 and RK272-03989.
(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) In accordance with the applicants' instructions, one refund check in the total amount of $719 should be issued to: "Benjamin Speno Joint Venture OR Daniel Barnard Smith Co., Daniel B. Smith, Fourth Floor, 377 Oak Street, Garden City, NY 11530."
(4) Upon receipt of the refund check for Benjamin Speno Joint Venture, Mr. Smith shall divide the refund monies due to the partnership, with a .6667 share going to Mr. Benjamin and a .3333 share going to Ms. Glacken. After Mr. Smith has divided the refund monies in this manner, he shall inform the OHA, in writing, that he has done so.
(5) 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
(6) Any conditions 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.
(7) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: February 13, 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).
(2) In Case No. RF272-05128, the OHA approved a refund to Benjamin Speno Joint Venture based on 381,778 gallons of petroleum products. In Case No. RF272-05129, the OHA approved a refund to Benjamin Speno Joint Venture based on 517,028 gallons of petroleum products.