Case No. RF272-89812
November 20, 1998
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Dessel T. Wright Co., Inc., et al.
Dates of Filing: September 16, 1991 et al.
Case Numbers: RF272-89812 et al.
This Decision and Order will consider Applications for Refund filed by 20 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendix attached to the Decision and Order 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).
In order to receive a refund for crude oil overcharges, an applicant that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each applicant's refund share is calculated using the current refund amount of $0.0016 per gallon.
We have reviewed the information submitted by these applicants and determined that each was an end-user of petroleum products. Each of the applicants has demonstrated the volume of its claim by consulting actual records or by using a reasonable estimation technique. The gallonage amounts listed in the Appendix to this Decision and Order reflect the approved purchase volume for each applicant.
Each of the applicants listed in the Appendix is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The applicants considered in this Decision applied on their own behalf. In accordance with each applicant's request, refund checks will be
sent directly to the applicant. The total volume for which refunds are approved in the Appendix is 110,416,328 gallons and the sum of the refunds granted is $176,665.
We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.
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 4, Account No. 999DOE010Z, to the applicants listed in the Appendix.
(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 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
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. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any 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: November 20, 1998
APPENDIX
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-89812 DESSEL T. WRIGHT CO., INC. C/O DESSEL T. WRIGHT BOX 708 MARTIN, TN 38237 190,199 $304 RF272-89813 CENTRAL CAROLINA GROCERS INC. C/O JOHN W. MOORE BOX 687 KERNERSVILLE, NC 27284 169,342 $271 RF272-89814 BETTER BEVERAGES, INC. C/O RICHARD PORCHE BOX 346 HALLETTSVILLE, TX 77964 139,875 $224 RF272-89815 BERKSHIRE NEWS, INC. C/O JEFFREY LEVIN 300 CHERRY ST. READING, PA 19611 101,396 $162 RF272-89816 BAKER & BAKER, INC. C/O J.B. BAKER, JR. BOX 145 WEBB, MS 38966 234,280 $375 RF272-89818 BALLENGER PAVING CO., INC. C/O SCOTT CHILDERS BOX 127 GREENVILLE, SC 29602 217,818 $349 RF272-89820 CAMPBELL TESTING CO. C/O PAUL E. CAMPBELL BOX 4356 ODESSA, TX 79760 112,590 $180 RF272-89821 CARDINAL MAINTENANCE & SERVICE C/O DANIEL L. POHL 363 TACOMA AVE. TALLMADGE, OH 44278 193,846 $310 RF272-89833 LENAWEE COUNTY SHERIFF DEPT. C/O RICHARD L. GERMOND 405 N. WINTER ST. ADRIAN, MI 49221 355,869 $569 RF272-89835 CHAPMAN BUILDERS EQUIPMENT CO. C/O CHRISTOPHER TRIBELLI 970 WELLINGTON AVE. CRANSTON, RI 02910 164,267 $263 RF272-89836 PAUL CAPPS & SON C/O PAUL CAPPS BOX 333 MCGEHEE, AR 71654 155,290 $248 RF272-89837 EXPRESS TRANSPORT, INC. C/O LEO E. MONIZ 245 STATE RD. WESTPORT, MA 02790 292,889 $469 RF272-89838 R.S. AUDLEY, INC. C/O DANIEL L. SULLIVAN 609 RT. 3A BOW, NH 03304 250,767 $401 RF272-89839 KNOTT FOODS, INC. C/O JERRY KNOTT 125 N. BLAKEMORE PARIS, TN 38242 313,307 $501 RF272-89842 L & S MECHANICAL CONTRACTORS C/O JOHN W. LANE BOX 18534 OKLAHOMA CITY, OK 73154 164,225 $263 RF272-89843 STEVENS LUMBER CO., INC. C/O BURLEY B. STEVENS 3655 WINCHESTER AVE. ASHLAND, KY 411012095 110,081 $176 RF272-98917 OUR LADY OF MT. CATHOLIC CHRCH DAVID FARRUGIA 987 HILLVIEW DR. ASHLAND, OR 97520 16,459 $26 RF272-98959 ROMAN CATHOLIC BISHOP -SPRFLD C/O JEAN DEROACHA P.O. BOX 1730 SPRINGFIELD, MA 011011730 61,547,048 $98,475 RF272-98963 GREAT SOUTHERN OIL & GAS, INC. C/O JOHN O'MALLEY P.O. BOX 52707 LAFAYETTE, LA 705072707 9,154,443 $14,647 RF272-98977 ROMAN CATHOLIC ARCHDIOCESE C/O JOSEPH C. NEHILA 171 CLIFTON AVE. NEWARK, NJ 07104 36,532,337 $58,452 TOTALS: 20 110,416,328 $176,665
Last Updated on 11/4/98
By OHA