Case No. RB272-00115
August 14, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: July 22, 1997
Case Number: RB272-00115
Pursuant to the long-standing policy of the Department of Energy (DOE), thousands of purchasers of petroleum products have applied for, and been granted, refunds from crude oil overcharge funds under the jurisdiction of the DOE's Office of Hearings and Appeals (OHA). See Statement of Modified Restitutionary Policy To Be Implemented In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil funds are set forth at 10 C.F.R. Part 205, Subpart V.
The OHA has approved more than 87,000 requests for refund from the pool of crude oil overcharge funds. In Subpart V crude oil refund cases, a claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period August 19, 1973 through January 27, 1981, multiplied by a per gallon refund amount. That per gallon refund amount is derived by dividing the total refund monies available by the total U.S. consumption of petroleum products during the crude oil price control period. Refunds had been calculated by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor had been in use since April 1989, when it replaced an earlier volumetric factor of $0.0002 per gallon. Any applicant who received a refund at the smaller volumetric factor has also received a supplemental refund based on an additional $0.0006 per gallon. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).
Additional crude oil overcharge funds have become available for disbursement and we can now issue additional refund checks to applicants. Sufficient funds are available to pay applicants at a
new, aggregate rate of $0.0016 per gallon.(1) Further, applicants who previously received a refund will receive a supplemental refund based on an additional $0.0008 per gallon. Thus, the amount of the supplemental refund will be equal to the refund already received. Refunds are rounded to the nearest dollar.
In order to receive a supplemental refund check, applicants are being required to verify (directly or through their representatives) that their name and address in our records are correct, to correct any information that is not accurate, and to indicate whether there has been any change in circumstances affecting the payment of the refund. We intend to issue a series of Decision and Orders approving supplemental refunds as we receive completed verification forms from applicants or certifications from representatives.
The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. The Appendix also indicates the original case numbers of these applicants and the dollar amount of the supplemental refund for each applicant. The total amount of additional refunds being approved in this Order for the benefit of 23 recipients is $45,931.
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 a supplemental refund to each crude oil refund recipient set forth in the Appendix to this Order.
(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) 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
(4) Any conditions imposed 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.
(5) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: August 14, 1997
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
APPENDIX RB272-00115 CASE NO. FIRM ADDRESS REFUND RA272-00056 NEW RICHMOND SCHOOL DIST. C/O BRIAN JOHNSTON 152 E. 4TH ST. NEW RICHMOND, WI 54017 $994 RF272-65635 DISALVO TRUCKING CO. C/O JOHN S. TOUNGER P.O. BOX 193765 SAN FRANCISCO, CA 941193765 $10,662 RF272-66427 UNITED TALMUDICAL ACADEMY C/O SHAINDY HABERMAN 5301 14TH AVE. BROOKLYN, NY 11219 $377 RF272-67107 CITY OF GAINSVILLE C/O SABRINA CAPE P.O. BOX 2496 GAINSVILLE, GA 30503 $1,041 RF272-68329 MINNERATH CONSTRUCTION, INC. C/O KATHY MINNERATH 500 3RD AVE. S. COLD SPRING, MN 56320 $645 RF272-68462 GROVE MANAGEMENT INC. C/O R.S. KELTS P.O. BOX 458 GOULDS, FL 33170 $451 RF272-69433 LOUIS ROBERT 23333 S. HOCH RD. OSAGE CITY, KS 66523 $198 RF272-69776 BROOKS PRODUCTS, INC. C/O DEAN MILLS 14221 SAN BERNADINO AVE. FONTANA, CA 92335 $1,409 RF272-69865 JORGE FISHING, INC. C/O EDWARD E. WEISSMAN P.O. BOX 80991 SAN DIEGO, CA 921380991 $5,760 RF272-70334 K & F TRUCKING C/O FLINT COX 74 SOUTHWIND DR. JACKSON, TN 38305 $714 RF272-71901 YELL COUNTY JUDGE'S OFFICE C/O GARY M. MOORE 5TH & MAIN DANVILLE, AR 72833 $495 RF272-72035 MAY BELL EVERSON P.O. BOX 482 CROWELL, TX 79227 $61 RF272-72264 ANNE A. TAPPER 1017 SUMMIT DR. WEBSTER CITY, IA 505953036 $57 RF272-72664 JAMES A. BAILEY, INC. C/O JAMES A. BAILEY JR. 5201 BERYL RD. RALEIGH, NC 27606 $1,315 RF272-75264 BALL CORP. C/O ROBERT W. MCCLELLAND P.O. BOX 2407 MUNCIE, IN 473070407 $9,544 RF272-75687 VONNIE BARTLETT RR 1, BOX 98 ST. JOHN, KS 67576 $137 RF272-78253 FARMERS COOPERATIVE CO. C/O LYNN H. FOSSBERG P.O. BOX 319 PLATTE CENTER, NE 68653 $5,695 RF272-88791 SALINE COUNTY C/O TERRY M. PARSONS 200 N. MAIN ST. CTHOUSE BENTON, AR 720153767 $1,479 RF272-91071 J & L BUILDING MATERIALS INC. C/O DAVID K. MORETZSOHN 600 LANCASTER AVE. FRAZER, PA 19355 $138 RF272-91855 C/O $156 RF272-92294 HOMESTAKE MINING CO. C/O MICHAEL L. CARROLL 650 CALIFORNIA ST., #1100 SAN FRANCISCO, CA 94108 $4,106 RF272-92450 KENTUCKY & TENNESSEE RAILWAY C/O DARRELL D. KING BOX 448 STEARNS, KY 42647 $463 RF272-93868 GREG NELSON 8690 QUAIL CIRCLE MANHATTAN, KS 66502 $34 Totals: 23 RB272-00115 $45,931
Last Updated on 8/15/97
By OHA