Case No. RB272-00130

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: RB272-00130

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 17 recipients is $15,391.

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   RB272-00130      
CASE NO. FIRM   ADDRESS   REFUND
RF272-65653 MISTLER BROS. TRUCKING C/O KEN G. MISTLER 255 ALDERGLEN DR. DIXON, CA 95620 $893
RF272-65930 DONALD SWANSON P.O. BOX 192 MORRISON, CO 80456 $294
RF272-66833 CAMDEN COUNTY C/O DAVID MCPEAK 520 MARKET ST., COURTHOUSE CAMDEN, NJ 081021375 $843
RF272-67177 COLEMAN CO. INC. GROUP 1 C/O DARRELL NEUGEBAUER 3600 N. HYDRAULIC WICHITA, KS 67201 $391
RF272-67179 COLEMAN CO., INC. CORP. AIR C/O CONNIE KENNEDY 3600 N. HYDRAULIC WICHITA, KS 67201 $962
RF272-67222 LAKE CHAMPLAIN TRANS. CO. C/O HENRY T. SORRELL KING ST. DOCK BURLINGTON, VT 05401 $1,733
RF272-72285 THREE SIDE FARMS & LAND CO. C/O MELVIN HOSMAN 2810 WOODTHRUSH CIRCLE JONESBORO, AR 72401 $1,483
RF272-73236 JEFFERSON COUNTY C/O ROBIN D. DUNN P.O. BOX 276 RIGBY, ID 834420276 $3,075
RF272-73427 CALVERT E. JONES 27864 PAYNE RD. CORVALLIS, OR 97333 $193
RF272-73824 NICHOLS WATER SERVICE, INC. C/O ANDREA BRYANT 316 INDUSTRIAL PARK AVE. LIBERAL, KS 67901 $495
RF272-77853 OCEANVIEW II ASSOCIATES C/O MILTON J. ALTSCHULER 7001 BRUSH HOLLOW RD. WESTBURY, NY 11590 $580
RF272-81791 H.O. ENGEN, INC. C/O ROGER RINEHART P.O. BOX 249 STERLING, VA 22166 $595
RF272-88753 WINCHESTER PUBLIC (CITY) SCHLS C/O KEVIN A. JONES 12 N. WASHINGTON ST. WINCHESTER, VA 22601 $1,248
RF272-91123 HARDING & LAWLER, INC. C/O WILLIAM E. MAIER P.O. BOX 580 ORANGE, TX 77630 $311
RF272-91723 ICO, INC. C/O JOHN CAIN 11490 WESTHEIMER, #1000 HOUSTON, TX 77077 $1,200
RF272-94036 KEITH LARSON FARMS OR KEITH LARSON 19747 431ST AVE. DESMET, SD 57231 $40
RF272-97058 BARRE CITY SCHOOL DIST. C/O LYMAN AMSDEN 120 AYERS ST. BARRE, VT 05641 $1,055
Totals: 17 RB272-00130     $15,391


Last Updated on 1/8/98
By OHA