Case No. RG272-00125

September 10, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Name of Petitioner: Barri E. Lewis and Molly Guy

Date of Filing: April 14, 1995

Case Number: RG272-00125

This Decision and Order considers an Application for Refund filed by Wilson, Keller & Associates on behalf of Barri E. Lewis and Molly Guy in the Subpart V proceeding being conducted by the Office of Hearings and Appeals (OHA) of the Department of Energy. William E. Lewis, Inc, a trucking company, purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 (refund period). The company ceased operating in 1985, and its 99% shareholder, William E. Lewis died in 1989. One of the joint claimants, Ms. Guy, operated the trucking company with William E. Lewis, her now deceased husband, and owned 1% of the corporate stock during the refund period. Ms. Guy and her daughter, Barri E. Lewis, are Mr. Lewis’ sole heirs. They jointly have requested a refund from crude oil monies available for disbursement by OHA pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). Ms. Barri and Ms. Guy rely on the presumption of injury for end-users as the basis for their refund claim. Under this presumption, OHA will presume applicants were injured if they were end- users of petroleum products and were not covered by the DOE or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by the claimants and determined that William E. Lewis, Inc. was an end-user of eligible petroleum products. After examining the documentation submitted by the claimants and speaking with their representative, Peter McMickle of Wilson, Keller & Associates, we find that the claimants used reasonable estimation techniques in calculating the trucking company’s purchase volumes during the period in question. Based upon a careful review of the subject Application, we have concluded that it is meritorious. Therefore, we will direct that Ms. Barri and Ms. Guy jointly receive a refund in the amount of $2,672 based on purchases of 1,669,707 gallons of petroleum products made by(1)William E. Lewis, Inc.

The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

It Is Therefore Ordered That:

(1) The Application for Refund filed by Wilson, Keller & Associates on behalf of Barri Lewis and Molly Guy 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 a refund in the amount of $2,672 from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z. The check should be made payable to Barri E. Lewis and Molly Guy or Wilson, Keller & Associates. and sent to the claimants’ representative, Peter L. McMickle at the following address:

Wilson, Keller & Associates

P.O. Box 221145

Memphis, TN 38122

(3) 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

(4)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 the refund application is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date:September 10, 1998

(1)Interested parties were given an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to this application.