Case No. RF272-95301

May 7, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Bass Enterprises Prod. Co., et al.

Dates of Filings: May 16, 1994, et al.

Case Numbers: RF272-95301, et al.

This Decision and Order will consider Applications for Refund filed by five claimants that purchased refined petroleum products during the period August 19, 1973, through January 27, 1981. Each applicant listed in the Appendix attached to this 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 generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. Applicants that were end- users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

In order to receive a refund for crude oil overcharges, an applicant generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. Applicants that were end- users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Two of the applicants considered in this Decision and Order are agricultural cooperatives that bought petroleum products for resale to their members, who were end-users. We consider a claim by an agricultural cooperative that resold petroleum products to its members as a claim on behalf of the members. Farmers Union Oil Co., 17 DOE ¶ 85,464 (1988). Therefore, we afford such a cooperative the presumption of end-user injury on the condition that it certify that it will pass through the refund to its members. The cooperatives considered in this Decision and Order have provided this certification.

The amount of an applicant's refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is gallons and the sum of the refunds granted is $135,147.

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 4, Account No. 999DOE010Z, to the applicants listed in the Appendix.

(3) Lakeland FS, Inc., Case No. RG272-162, and Northeast Farm Service Co., Case No. RG272- 172, shall pass through any refunds they receive to their members on a dollar for dollar basis.

(4) 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

(5) 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 a refund application is incorrect.

(6) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: May 7, 1998

Appendix

Bass Enterprises Prod. Co.

Case Nos. RF272-95301, et al.

Case No.

Applicant/Contact

Volume

Refund

RF272-95301

Bass Enterprises Prod. Co.

575,119

$920

OR Wilson, Keller & Assoc.

c/o Chris Edwards

P.O. Box 221145

Memphis, TN 38122

RF272-95304

Bowen Trucking, Inc.

2,420,686

$3,873

OR Wilson, Keller & Assoc.

c/o Chris Edwards

P.O. Box 221145

Memphis, TN 38122

RF272-95305

Builder's Express, Inc.

2,331,569

$3,731

OR Wilson, Keller & Assoc.

c/o Chris Edwards

P.O. Box 221145

Memphis, TN 38122

RG272-162

Lakeland FS, Inc.

27,053,687

$43,286

c/o Arville Thompson

P.O. Box 50

Shelbyville, IL 62565

RG272-192

Northeast Farm Service Company

51,085,896

$81,737

c/o Danny Sanden

P.O. Box 336

Mabel, MN 55954

TOTALS

5 Applicants

83,466,957

$133,547