Case No. RF272-94128
February 6, 1998
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Alabama Hide Tallow Co., et al.
Date of Filings: March 17, 1993, et al.
Case Numbers: RF272-94128, et al.
This Decision and Order considers and ultimately grants, in whole or in part, seven Applications for Refund, releasing a total of $49,142 in the Subpart V crude oil refund proceeding. The names of the seven 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 (DOE) 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 seven applicants and determined that each was an end-user of eligible petroleum products. One of the applicants listed in the Appendix is an agricultural cooperative whose application is based on petroleum products that the cooperative purchased for resale to the farmers who were its members. We regard a refund application filed by a cooperative that resold petroleum products to its members as a claim filed on behalf of the members themselves. Farmers Union Oil Co., 17 DOE ¶ 85,464 (1988). A cooperative can thus claim the presumption of end-user injury to the extent that its members were end-users. The cooperative has certified that it will pass through any refund received to its members.(1) Consequently, on this basis we will grant a refund to this cooperative based on products resold to members. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. 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) The total volume for which refunds are approved in this Decision is 30,712,994 gallons and the sum of the refunds granted is $49,142.
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 or their representatives listed in the Appendix. A refund check in the amount of $4,452 shall be sent to the representative of three applicants:
Wilson, Keller and Associates
P.O. Box 221145
Memphis, TN 38122
A refund check in the amount of $13,518 shall be sent to the representative of one applicant:
Energy Refunds, Inc.
31 Small Lane
Hardin, KY 42048
Checks totaling $31,172 shall be sent to the other 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 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: February 6, 1998
Case Number
Applicant
Address
Volume
(gallons)
Refund Amount
RF272-94128
Alabama Hide Tallow Co., or Wilson, Keller and Associates
.
P.O. Box 221145
Memphis, TN 38122
295,992
$ 474
RF272-94603
East End Transfer, Attn: R. Gibson
5607 Cavenaugh
Houston, TX 77021
138,089
221
RF272-94606
Providence Steamboat, Attn: D. Mauran
One India Street, Providence, RI 02903-4385
1,962,272
3,140
RF272-94623
M. K. Ranches or Wilson, Keller and Associates
P.O. Box 221145, Memphis TN 38122
1,548,082
2,477
RF272-94625
Sadoff Iron & Melting or Wilson, Keller and Assoc.
P.O. Box 221145
Memphis, TN 38122
937,920
1,501
RF272-94634
Grundy Industries, Inc.,Attn: J. Keslin
1301 Herkimer Street, Joliet, IL 60432
17,382,000
27,811
RF272-94636
Adell Cooperative Union or Energy Refunds, Inc.
31 Small Lane, Hardin, KY 42048
8,448,639
13,518
TOTAL
7 Applicants
30,712,994
$ 49,142
(1)Adell Cooperative Union, Case No. RF272-94636, has also certified that no sales were made to non-members. Thus, the Applicant will receive a refund based on 100% of the gallons purchased.
(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.