Case No. RF272-95739

June 17, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Names of Petitioner: Farmland Cooperative, Inc.,

Date of Filing: May 23, 1994

Case Number: RF272-95739

This Decision and Order will consider Application for Refund filed by one claimant that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. The applicant 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 (1981). The applicant considered in this Decision and Order is a agricultural cooperative 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 cooperative considered in this Decision and Order has provided this certification.

The amount of an applicant’s refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. We have determined that the applicant is eligible to receive its full allocable share of the available crude oil monies. The refund amount equals the approved gallons of petroleum products which the firm purchased during the period of crude oil price controls, multiplied by the volumetric amount, $0.0016 per gallon. The refund amount for Farmland Cooperative, Inc., Case No. RF272- 95739 is $17,726, based upon purchases of 11,078,791 gallons.

It is Therefore Ordered That:

(1) The Application for Refund filed by the Farmland Cooperative, Inc., Case No. RF272- 95739 for all available crude oil overcharge funds is 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 from the escrow fund denominated Crude Tracking- Claimants IV, Account No. 999DOE010Z, maintained at the Department of Treasury, the sum of $17,726 to Farmland Cooperative, Inc. at the following address:

Farmland Cooperative, Inc.

c/o Alan Minchow

P.O. Box 29

Milford, NE 68405

(3) The cooperative applicant shall pass through any refunds it receives to it’s members on a dollar for dollar basis.

(4) To facilitate the payment of future refunds, the applicant 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 determination made in this Decision and Order is 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: June 17, 1998