Case No. RF272-76986

April 1, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:American Aggregates Corp., et al.

Dates of Filing: October 31, 1989 et al.

Case Numbers: RF272-76986 et al.

This Decision and Order will consider Applications for Refund filed by 12 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendices 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.(1) 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 Appendices to this Decision and Order reflect the approved purchase volume for each applicant.

Each of the applicants listed in the Appendices is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendices. The applicants considered in this Decision applied either on their own behalf or through a private filing service. In accordance with each applicant's request, refund checks will be sent to the applicant or the applicant's representative. The total volume for which refunds are approved

in these Appendices is 119,877,553 gallons and the sum of the refunds granted is $119,876.

The deadline for the crude oil proceeding, June 30, 1995, has passed. 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 Appendices 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 Appendices 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 listed in the Appendices.

For those applicants listed in Appendix A, the checks should be made payable to ["the applicant] or Petroleum Funds, Inc." and sent to:

Petroleum Funds, Inc.

P.O. Box 1380

Paris, TN 38242-9986

For those applicants listed in Appendix B, the checks should be made payable to the applicant and sent to the address indicated in that 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: April 1, 1998

(1)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.


Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND  
RF272-76986 AMERICAN AGGREGATES CORP. OR PETROLEUM FUNDS, INC. C/O JULIE STRIGHT 2,336,591 $3,739  
RF272-96416 ILLIOPOLIS C.U. SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O MARY ELLEN CASS 76,347 $122  
RF272-96428 MADISON COUNTY SCHOOL DIST. OR PETROLEUM FUNDS, INC. DAVID SMITH 2,236,508 $3,578  
RF272-96436 WALNUT VALLEY UNIFIED SCHOOLS OR PETROLEUM FUNDS, INC. C/O CLYDE EVANS 472,924 $757  
RF272-96465 COLUMBIA UNION ELEMENTARY OR PETROLEUM FUNDS, INC. C/O RAY ENOS 137,119 $219  
RF272-96489 CITY OF BROWNWOOD OR PETROLEUM FUNDS, INC. C/O KEVIN D. SHERIM 1,290,915 $2,065  
Totals: 6     6,550,404 $10,480  
             
             
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND
RF272-86813 TANK TRUCK RENTALS, INC. C/O WILLIAM PINEO, ESQ. OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 15,063,806 $24,102
RF272-96408 POLK COUNTY, NC C/O CHARLOTTE SULLIVAN P.O. BOX 308 COLUMBUS, NC 28722 430,203 $688
RF272-96417 UNION COUNTY, NJ C/O JANIS LISA CNTY ADMIN. BLDG. ELIZABETH, NJ 07207 51,777,707 $82,844
RF272-96420 CITY OF SAN JACINTO C/O JOHN HARRERA 312 E. MAIN SAN JACINTO, CA 92583 358,313 $573
RF272-96447 VILLAGE OF MELROSE PARK, IL C/O LOUIS PANICO III 1000 N. 25TH AVE. MELROSE PARK, IL 60160 729,350 $1,167
RF272-96483 TOWN OF ALTAMONT C/O MELBA MARKHAM P.O. BOX 57 ALTAMONT, UT 84001 13,688 $22
Totals: 6       68,373,067 $109,396
             


Last Updated on 4/8/98
By OHA