Case No. RK272-03539

February 6, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: John Dehner, Inc., et al.

Dates of Cases: May 10, 1996, et al.

Case Numbers: RK272-03539, et al.

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 from August 19, 1973 through January 27, 1981, multiplied by a per gallon 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 lower volumetric factor 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 $0.00016 per gallon. (1) 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 all applicants or certifications from their representatives.

The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. In each case, we were informed that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-) (2) and investigated whether the individual or firm that submitted the verification form (or on whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds. The Appendix also indicates 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 27 recipients is $1,842.

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 IV, Account No. 999DOE010Z, maintained at the Department of 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: February 6, 1998

(1)1/ We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

(2)2/ The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.


Appendix
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM
RK272-03539 JOHN DEHNER, INC. C/O DONALD G. SPEARS P.O. BOX 11346 FT. WAYNE, IN 46857 105,072 $84 RF272-61884
RK272-03553 DIEMERT HERITAGE FARMS, INC. C/O JAMES A. DIEMERT HCR 75, BOX 64 RUDYARD, MT 59540 87,200 $70 RF272-35845
RK272-03554 EDJ FARMS PARTNERSHIP C/O ROBERTA HOGAN P.O. BOX 70 OAK RIDGE, LA 71264 496,491 $397 RF272-39223
RK272-04738 GERALD G. DEHNER PO BOX 11346 FORT WAYNE, IN 46857 150,321 $120 RF272-61884
RK272-04739 NANCY WINLING 8917 DUNE CREEK COVE FORT WAYNE, IN 46835 220,114 $176 RF272-61884
RK272-04740 DONALD G. SPEARS 7127 CANALERS CT. FT. WAYNE, IN 46804 259,995 $208 RF272-61884
RK272-04741 JAMES G. SPEARS 12107 WINDMORE RD. ROANOKE, IN 46783 157,607 $126 RF272-61884
RK272-04742 MARK W. SPEARS 8621 MEDICINE BOW RUN FT. WAYNE, IN 46825 157,607 $126 RF272-61884
RK272-04743 GRACE D. WILSON 809 WINDSOR CIRCLE CELINA, OH 45822 35,279 $28 RF272-61884
RK272-04744 GENEVIEVE D. RUNYAN 1257 BUENA VISTA NORTH FT. MEYERS, FL 33903 140,350 $112 RF272-61884
RK272-04745 DONALD E. SPEARS 3344 JONES BRIDGE RD. CHEVY CHASE, MD 20815 143,802 $115 RF272-61884
RK272-04746 JULIETTE J. SPEARS RR 2, BOX 293 MACY, IN 46951 143,802 $115 RF272-61884
RK272-04747 JOHN WILSON 2831 STILL VALLEY DR. EAST LANSING, MI 48823 11,760 $9 RF272-61884
RK272-04748 SHARON MURRAY 1781 E. MELLOW TRAIL TUSCON, AR 85737 11,760 $9 RF272-61884
RK272-04749 JOANNE MOORE 11512 N. FASCINATION WAY CROMWELL, IN 46732 11,760 $9 RF272-61884
RK272-04750 JAMES WILSON 9884 PLUM BROOK LA. STRONGSVILLE, OH 44136 11,760 $9 RF272-61884
RK272-04751 MARY ANN MILLER 2136 SANDALWOOD RD. VIRGINIA BEACH, VA 23451 11,760 $9 RF272-61884
RK272-04752 GAYLA HUMMEL 3320 ROSSTOWN RD. WELLSVILLE, PA 17365 11,760 $9 RF272-61884
RK272-04753 MARSHA BROWN 1257 BUENA VISTA NORTH FORT MEYERS, FL 33903 23,520 $19 RF272-61884
RK272-04754 MICHAEL RUNYAN 4016 ROSEMONT PL. MISHAWAKA, IN 46544 23,520 $19 RF272-61884
RK272-04755 MARGARET A. SASS 14102 GRANDVIEW OVERLAND PARK, KS 66221 23,520 $19 RF272-61884
RK272-04756 ANN DEHNER 2436 CLAREMONT DR. BOISE, ID 83702 11,760 $9 RF272-61884
RK272-04757 GREGORY DEHNER 3221 DEVEREUX DR. FORT WAYNE, IN 46815 11,760 $9 RF272-61884
RK272-04758 JANE ARATA 2838 LITTLE TURTLE TRAIL FORT WAYNE, IN 46804 11,760 $9 RF272-61884
RK272-04759 SUSAN KUCER 1837 N. JAMES BLVD. GREENFIELD, IN 46140 11,760 $9 RF272-61884
RK272-04760 JAY DEHNER W. 1406 CRESTVIEW RD. SPOKANE, WA 99204 11,760 $9 RF272-61884
RK272-04761 DEBORAH HACKER 7294 LOMBARDI DR. PLAINFIELD, IN 46168 11,760 $9 RF272-61884
Totals: 27       2,309,320 $1,842  


Last Updated on 2/10/98
By Colleen Perry