Case No. RB272-00133

February 27, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Crude Oil Supplemental Refund Distribution

Date of Filing: January 29, 1998

Case Number: RB272-00133

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 12 recipients is $18,107.

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:February 27, 1998

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


Appendix
APPENDIX   RB272-00133      
CASE NO. FIRM   ADDRESS   REFUND
RF272-04464 U.S. FIDELITY & GUARANTY CO. C/O JAMES SCANNELL P.O. BOX 1138 BALTIMORE, MD 21203 $9,721
RF272-07612 ROBERT WILLIAMS   RT. 5, BOX 149 CENTRE, AL 35960 $127
RF272-08759 RICHARD M. FLOOD 15870 JOHNSON MEM. DR. JORDAN, MN 55352 $181
RF272-09009 TAYLOR FARMS C/O WALTER R. TAYLOR RT. 1, BOX 135 BROOKSVILLE, MS 39739 $312
RF272-13169 URSIN SEAFOODS, INC. C/O NORM URSIN P.O. BOX 99350 SEATTLE, WA 98199 $243
RF272-18935 PEKIN MUNICIPAL BUS DEPT. C/O ROBERT A. REIS SR. 401 COURT ST. PEKIN, IL 614433235 $937
RF272-24156 ITT AEROSPACE/COMMUNICATIONS C/O ROBERT E. SEVIER 1919 W. COOK RD., P.O. BOX 3700 FT. WAYNE, IN 46801 $999
RF272-25296 CITY OF REDONDO BEACH C/O MAGGIE TEPHANY 415 DIAMOND ST. REDONDO BEACH, CA 90277 $1,184
RF272-27185 HAROLD & MICHAEL STONE 3276 E. 19TH RD. OTTAWA, IL 61350 $99
RF272-27623 REGIONAL TRANSPORTATION AUTH. C/O PAULA THIBEAULT 181 W. MADISON ST., #1900 CHICAGO, IL 60602 $2,982
RF272-29936 PALMER & KENNETH PAULSON C/O PALMER PAULSON 2909 RIVER RD. VALLEY CITY, ND 58072 $211
RF272-30331 GEORGETOWN SCHOOL DIST. C/O WILLIAM A. CROMPTON 400 S. KAMINSKI GEORGETOWN, SC 29440 $1,111
Totals: 12 RB272-00133     $18,107


Last Updated on 3/2/98