Case No. RB272-00136
April 7, 1998
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: March 18, 1998
Case Number: RB272-00136
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 16 recipients is $33,009.
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
1000 Independence Avenue S.W.
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: April 7, 1998
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
Appendix
APPENDIX RB272-00136 CASE NO. FIRM ADDRESS REFUND RF272-65440 INTER-LIMOUSINE SERVICES, INC. C/O STEVEN KROLL 35-17 42ND ST. LONG ISLAND CITY, NY 11101 $2,872 RF272-65717 WESTVACO CORP. C/O HEATHER HART 1011 BOULDER SPRINGS DR. RICHMOND, VA 23225 $1,772 RF272-67223 FRONTIER TELEPHONE - ROCHESTER C/O GREGG C. SAYRE 180 S. CLINTON AVE. ROCHESTER, NY 146460700 $4,205 RF272-68914 PARKLAND SCHOOL DIST. C/O JEFFRY E. GRIM 1210 SPRINGHOUSE RD. ALLENTOWN, PA 181042191 $2,953 RF272-69040 GREENLEAF WHOLESALE FLORISTS C/O GEOFF WILTJER P.O. BOX 537 BRIGHTON, CO 806010537 $1,360 RF272-69174 CROWELL MOTOR LINES C/O JAMES CROWELL 6200 ARNO RD. FRANKLIN, TN 37064 $833 RF272-69257 BEN E. KEITH CO. C/O TIM SMALL SR. P.O. BOX 2628 FT. WORTH, TX 761132628 $7,985 RF272-70130 INDRIL, INC. C/O PHILLIP L. LEECE 600 DART RD.; P.O. BOX 177 MASON, MI 48854 $1,131 RF272-72718 RIO GRANDE COUNTY ROAD DEPT. C/O LAWRENCE SHAVER P.O. BOX 46 MONTE VISTA, CO 81144 $1,886 RF272-74039 VILLAGE OF SCARSDALE C/O ALFRED A. GATTA SCARSDALE VILLAGE HALL SCARSDALE, NY 10583 $1,177 RF272-74751 AMERICAN RIGGERS, INC. C/O IRENE LARRAZOLO 1613 CHELSEA RD. #124 SAN MARINO, CA 91108 $574 RF272-76521 MOYE TRUCKING CO. C/O C. ROBERT DORSETT 1114 FALCON LEDGE AUSTIN, TX 78746 $1,477 RF272-90498 SVENHARD'S SWEDISH BAKERY, INC C/O AL WYNDHAM 335 ADELINE ST. OAKLAND, CA 94607 $1,788 RF272-92786 CROOKSVILLE COAL CO., INC. C/O RALPH ALLEN 1397 STATE RT. 13 S.E. CROOKSVILLE, OH 43731 $1,700 RF272-93071 ADVANCE CONSTRUCTION CO. C/O JAMES CARSON 8330 S. MADISON ST. BURR RIDGE, IL 605216215 $588 RF272-95050 KEVIN STRUSS RR 2, BOX 14B WA KEENEY, KS 67672 $708 Totals: 16 RB272-00136 $33,009
Last Updated on 4/8/98
By OHA