Case No. RB272-00144

September 29, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Crude Oil Supplemental Refund Distribution

Date of Filing: September 12, 1998

Case Number: RB272-00144

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 21 recipients is $18,947.

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:September 29, 1998

(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

APPENDIX   RB272-00144      
CASE NO.FIRM  ADDRESS  REFUND
RF272-01017 R & L ORCHARD CO., INC.C/O ARTHUR E. RICEP.O. BOX 66GARDNERS, PA 173240066$667
RF272-08387 CLARA MAASS MEDICAL CENTERC/O TIMOTHY J. COOK1 CLARA MAASS DR.BELLEVILLE, NJ 071093401$2,469
RF272-10979 WILLIAM C. FORDHAM RR 1OHIO, IL 61349 $100
RF272-11031 GOLD CREEK FARMSC/O J. READ SMITHP.O. BOX 556ST. JOHN, WA 99171 $722
RF272-14854 ST. PAUL PUB. HOUSING AGENCYC/O JUNELLA PICHELMAN480 CEDAR ST., #300ST. PAUL, MN 551012240$2,016
RF272-15060 FRANK JOY, INC.C/O FRANK JOY9 OLD TIMERS LANEORLEANS, MA 02643 $651
RF272-16692 DONALD E. NEHRING 14283 OWENS RD.HINCKLEY, IL 60520 $51
RF272-18239 RALPH E. HAGEDORNC/O JUDY HAGEDORN4840 STATE RR 141 S.MORGANFIELD, KY 424376902$205
RF272-18631 D & D HODNEFIELD RT. 1, BOX 18LAKEFIELD, MN 56150 $68
RF272-18906 JOHNSON COUNTY BD. OF EDUCATN.C/O PEGGY L. VANHOOSE253 N. MAYO TRAILPAINTSVILLE, KY 41240 $600
RF272-20791 DAN WAGNER 15650 HEADLIGHT RD.STRASBURG, CO 801368904$970
RF272-21208 CENTERVILLE-ABINGTON SCHOOLSC/O P. ALLAN SPENCER115 W. SOUTH ST.CENTERVILLE, IN 47330 $709
RF272-22234 UNIVEST, S.A.C/O D.A. MANTHOS3 STAMFORD LANDING, #320STAMFORD, CT 069027235$3,636
RF272-22399 CONNEAUT AREA CITY SCHOOLSC/O RICHARD J. FILL263 LIBERTY ST.CONNEAUT, OH 44030 $436
RF272-22430 METRO. SCHOOL DIST. OF WAYNEC/O DENNIS J. TACKITT1220 S. HIGH SCHOOL RD.INDIANAPOLIS, IN 46241 $916
RF272-24062 MANUFACTURERS HANOVER TRUST COC/O JOSPHE J. AMBROSIO140 E. 45TH ST., 10TH FL.NEW YORK, NY 100173162$2,553
RF272-24252 CULLINAN RANCH, INC.C/O JOSEPH E. CULLINANHCR 72, BOX 50SUTHERLAND, NE 69165 $146
RF272-26565 LIND RIC COOP.C/O NORMAN A. SCHNEIDER42-25 21ST ST.LONG ISLAND CITY, NY 11101 $786
RF272-28668 MAYWOOD PUBLIC SCHOOLSC/O BILL LEWISP.O. BOX 46MAYWOOD, NE 69038 $327
RF272-29995 KRENZER FARMSC/O THOMAS KRENZER2425 SCOTTSVILLE RD.SCOTTSVILLE, NY 14546 $354
RF272-30073 GREEN ACRES FARMC/O BERNARD VCULEKP.O. BOX 34OAKES, ND 584740034$565
TOTALS: 21 RB272-00144     $18,947
           


Last Updated on 9/18/98
By OHA