Case No. RK272-04704

February 27, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Petitioners: Tejas Trucking, Inc. et al.

Dates of Filing: November 13, 1997, et al.

Case Numbers: RK272-04704, 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 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 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) 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 upon 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 15 recipients is $54,137.

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 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 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 27, 1998

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

(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
RK272-04704 TEJAS TRUCKING, INC. C/O KENNY THOMPSON P.O. BOX 1767 ANDREWS, TX 79714 914,137 $731 RF272-90812
RK272-04727 NORMAN A. MOON 912 RANDALL DR. MOORE, OK 73160 207,770 $166 RF272-06681
RK272-04730 PARKDALE MILLS, INC. C/O CECELIA M. MEADE P.O. BOX 1787 GASTONIA, NC 28053 1,358,343 $1,087 RF272-07012
RK272-04731 CLETUS LISCHER 302 N. MARKET ST., BOX 405 NEW ATHENS, IL 62264 1,008,767 $807 RF272-73705
RK272-04732 METZ BAKING CO. C/O KEITH A. GREEN C/O MCGILL, GOTSDINER, WORKMAN & LEPP 11404 W.DODGE RD. #500 OMAHA, NE 681542576 14,845,041 $11,876 RF272-23218
RK272-04736 SMITH KLINE BEECHMAN CORP. C/O BOB KAISER, FP-2325 P.O. BOX 7929 PHILADELPHIA, PA 19101 17,811,280 $14,249 RF272-03392
RK272-04764 FERRO CORP. C/O GREGORY WEISS PO BOX 147000 CLEVELAND, OH 44114 13,419,052 $10,735 RF272-71488
RK272-04767 FAIRVIEW REDWING HEALTH SVCS C/O SUSAN GERDES 1407 W. 4TH ST. RED WING, MN 55066 219,390 $176 RF272-14313
RK272-04768 SEMINOLE SUGAR CORP. C/O DAVID GINZBERG 150 E. 69TH ST., APT. 18G NEW YORK, NY 10021 1,062,432 $850 RF272-15910
RK272-04769 AMES DEPARTMENT STORES, INC. C/O TERI RAINVILLE 2418 MAIN ST.-MS 0410 ROCKY HILL, CT 06067 7,143,516 $5,715 RF272-70485
RK272-04770 WEBSTER SPRING CO. C/O PHILIP GOOD PO BOX M OXFORD, MA 01540 1,461,216 $1,169 RF272-75648
RK272-04772 UNITED CABS CO. C/O VIC RUFFINO 1627 POLYMNIA ST. NEW ORLEANS, LA 70130 3,693,967 $2,955 RF272-93390
RK272-04773 D.D. BEAN & SONS CO. C/O KAREN BAIRD P.O. BOX 348 JAFFREY, NH 03452 2,454,289 $1,963 RF272-84426
RK272-04774 AMERICAN MEDICAL RESPONSE / MA C/O MARIANNE R. GILDEA 4 TECH CIRCLE NATICK, MA 01760 852,104 $682 RF272-71428
RK272-04777 3D EXCAVATORS, INC. C/O EDWIN K. DANIEL 3512 OAKCLIFF RD. DORAVILLE, GA 30340 1,220,018 $976 RF272-69196
Totals: 15       67,671,322 $54,137  
               


Last Updated on 3/2/98