Case No. RB272-00131

January 8, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Crude Oil Supplemental Refund Distribution

Date of Filing: December 22, 1997

Case Number: RB272-00131

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 $18,363.

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:January 8, 1998

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


Appendix
APPENDIX   RB272-00131      
CASE NO. FIRM   ADDRESS   REFUND
RF272-02844 M & W FARMS C/O JERRY WALKER 1241 JACKSON 65 NEWPORT, AR 72112 $556
RF272-03616 LEE J. FAZZINO FARM, INC. C/O LEE J. FAZZINO 4982 FM 50 BRYAN, TX 77807 $252
RF272-05708 CALVIN J. YOUNG BOX 619 GRANT, NE 69140 $169
RF272-11195 CITY OF DUNN C/O TERESA C. HANEY P.O. BOX 1065 DUNN, NC 28335 $509
RF272-13499 LINCOLN COUNTY HIGHWAY DEPT. C/O ROBERT BRESHEARS RT. 1, BOX 368 DAVENPORT, WA 991220368 $3,081
RF272-18346 BRITT PLANTATION, INC. C/O A.E. BOYER BRITT JR. 25 CHARLIE ELLIS RD. INDIANOLA, MS 38751 $192
RF272-19988 NEPA PALLET & CONTAINER CO. C/O DENTON SHERRY P.O. BOX 399 SNOHOMISH, WA 982910399 $563
RF272-21978 WEST HAWAII CONCRETE C/O CARL L. SIMONS P.O. BOX 1390 KAILUA KONA, HI 967451390 $1,118
RF272-26487 STEELCASE, INC. C/O ROBERT HEITMEIER P.O. BOX 1967 GRAND RAPIDS, MI 495011967 $4,339
RF272-27789 S. TEXAS DRILLING & EXPLORATN C/O MARY KILGON 9310 BROADWAY, BLDG. 1 SAN ANTONIO, TX 78217 $3,605
RF272-28255 TEXAS DEPT. OF MENTAL HEALTH C/O ROSIE RANEY P.O. BOX 12668 AUSTIN, TX 787112668 $3,883
RF272-28317 SIDNEY FLEMING RR 2, BOX 446 HENDERSON, NC 27536 $96
Totals: 12 RB272-00131     $18,363


Last Updated on 1/8/98
By OHA