RK272-01777

April 14, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Applicant: Imogene R. Owen

Date of Filing: July 19, 1995

Case Number: RK272-01777

This Decision and Order will consider an Application for Supplemental Refund filed by Imogene R. Owen in the Subpart V crude oil refund proceeding being conducted by the Office of Hearings and Appeals (OHA). (1) The Application is based upon purchases of refined petroleum products made by Owen Lumber & Millwork Co., Inc. (Owen Lumber), a company that was owned by the applicant’s deceased husband, Frank Owen.

In her supplemental refund request, Ms. Owen advised OHA that her husband died in 1993 and Owen Lumber was sold in 1994. Subsequent inquiries by OHA revealed that Jack Christenson purchased the assets and stock of Owen Lumber from Frank Owen in 1989.

OHA has a statutory duty to identify and provide restitution to injured persons. 15 U.S.C. § 4502(b). The Office would be negligent in discharging that duty if it granted a refund to someone other than an identified injured person. Texaco/Huffy Gas, 22 DOE ¶ 85,220 at 88,586, n.4 (1992). Therefore, the refund procedures the Office has established provide that the right to receive a refund generally remains with the owner of a firm during the price control period. Nevertheless, the right to receive a refund can be transferred to a subsequent owner of the firm if: (i) the firm is a corporation, the entire capital stock of which was purchased by the subsequent owner; or (ii) the firm’s assets were sold under an agreement that indicated, either explicitly or implicitly, that potential refunds were being transferred. Mrs. M.B. Troy, 23 DOE ¶ 85,049 (1993).

In this case, we have determined that Ms. Owen’s deceased husband relinquished his right to receive the supplemental crude oil refund when he sold the stock of Owen Lumber to Jack Christenson in 1989. We will therefore deny the Application submitted by Imogene Owen.

It Is Therefore Ordered That:

(1) The Application for Supplemental Refund filed by Imogene R. Owen, Case No. RF272- 01777, be and hereby is denied.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: April 14, 1998

(1)For information pertaining to the Supplemental Distribution of Subpart V Crude Oil Refund Monies, see State of Montana, et al., 25 DOE ¶ 85,059 (1995).