Case No. RK272-04803

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner: American National Can Company

Date of Filing: April 20, 1998

Case Number: RK272-04803

Since 1987, the Office of Hearings and Appeals (OHA) has granted refunds from crude oil overcharge funds under the jurisdiction of the Department of Energy. The proceeding is explained in Statement of Modified Restitutionary Policy, 51 Fed. Reg. 27899 (August 4, 1986), and the regulations governing it are codified at 10 C.F.R. Part 205, Subpart V. In this proceeding, an applicant can receive a refund equal to the number of gallons of eligible refined petroleum products it purchased during the crude oil price control period (August 13, 1973 to January 27, 1981), multiplied by a volumetric factor. The size of the volumetric factor depends on the amount of crude oil overcharge funds that the DOE has collected. In 1995, we raised the volumetric from $0.0008 $0.0016 per gallon. As a result, applicants who previously received a refund based on the $0.0008 per gallon volumetric are entitled to an additional $0.0008 per gallon refund.

In 1991, we granted American National Can Company (American National) a crude oil refund of $145,155 (181,444,023 gallons x $0.0008 per gallon = $145,155). American National Can Co., 21 DOE ¶ 85,163 (1991) (Case No. RF272-08743). In 1995, American National requested a supplemental refund. In a recent decision, we denied a competing claim to that refund that was filed by The Travelers Group, Inc. See Primerica Corp., 26 DOE ¶ 85,050 (1997), reconsideration denied, 27 DOE ¶ 85,001 (1998). Accordingly, we can now grant American National’s request for a supplemental refund. In accordance with American National’s instructions, we will direct its refund check to Baker & McKenzie.

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 $145,155 supplemental refund to the American National Can Company for Case No. RF272-08743, redesignated RK272-0403, at the following address:

American National Can Co. OR

Baker & McKenzie

815 Connecticut Ave., NW

Washington, DC 20006-4078

(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) Any conditions imposed upon 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:April 20, 1998