Case No. RF272-96157

January 3, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Names of Petitioners: Courtney Farms, et al.

Dates of Filings: June 1, 1994, et al.

Case Numbers: RF272-96157 et al.

This Decision and Order will consider Applications for Refund filed by eleven claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendix attached to this Decision and Order has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed Reg. 27899 (August 4, 1986).

In order to receive a refund for crude oil overcharges, an applicant generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. Applicants that were end- users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE¶85,550 (1981). One of the applicants considered in this Decision and Order is an agricultural cooperative that bought petroleum products for resale to its members, who were end-users. We consider a claim by an agricultural cooperative that resold petroleum products to its members as a claim on behalf of the members. Farmers Union Oil Co., 17 DOE ¶ 85464 (1988).(1) Therefore, we afford such a cooperative the presumption of end-user injury on the condition that it certify that it will pass through the refund to its members. (2) Five of the applicants considered in this Decision and Order were submitted by Petroleum Funds, Inc., a private filing service located in Paris, Tennessee. One of the applicants considered in this Decision and Order was submitted by Energy Refunds, Inc., a private filing service located in Hardin, Kentucky

The amount of an applicant’s refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. Each of the applicants listed in the Appendix has documented its purchase volumes. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 29,533,420 gallons and the sum of the refunds granted is $47,252.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the claimants listed in the Appendix to this

Decision and Order 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 the refund amounts set forth in the Appendix to

this Decision and Order from the DOE deposit fund escrow account maintained at the

Department of Treasury denominated Crude Tracking-Claimants IV, Account No.

999DOE010Z, to the applicants listed in the Appendix.

(3) To facilitate the payment of future refunds, the applicants 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 a 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: January 3, 2000

(1)The cooperative considered in this Decision and Order has provided this certification.

(2)Interested parties were given an opportunity to submit comments regarding individual

crude oil refund applications. No such comments were filed with respect to any

application involved in this determination.

Appendix

CASE NO. APPLICANT CONTACT STREET ADDRESSCITY/STATE VOLUME REFUND
RF272-96157COURTNEY FARMSOR PETROLEUM FUNDS, INC. C/O DON R. COURTNEY PO BOX 1380PARIS, TN 382429986140,675$225
RF272-96158EAST WINDSOR SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O GERALD D. TUCKERPO BOX 1380PARIS, TN 382429986716,846$1,147
RF272-96171LIVERPOOL CENTRAL SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O DENNIS ORZELPO BOX 1380PARIS, TN 3824299861,782,102$2,851
RF272-96172PENSACOLA CHRISTIAN COLLEGE OR PETROLEUM FUNDS, INC. C/O GARY EASTPO BOX 1380PARIS, TN 382429986769,500$1,231
RF272-96174COLBERT COUNTY BD. EDUCATION   C/O SANDRA CASH1101 HWY. 22 E.TUSCUMBIA, AL 35674    1,378,914$2,206
RF272-96176BULLITT COUNTY FISCAL COURT   C/O KENNETH RIGDONPO BOX 768SHEPHERDSVILLE, KY 40165    461,760$739
RF272-96177FREMONT COUNTY GOVT.  C/O CYD FREESE450 N. 2ND ST., RM. 310LANDER, WY 82520    1,353,246$2,165
RF272-96180TOWN OF GLENVILLE  C/O MICHAEL STRENKA18 GLENRIDGE RD.GLENVILLE, NY 12325    77,000$123
RF272-96181CASSOPOLIS PUBLIC SCHOOLS   C/O BETH BROBOLDPO BOX 98CASSOPOLIS, MI 49031    47,093$75
RF272-96187SAN JUAN UNIFIED SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O TERESA RYLANDPO BOX 1380PARIS, TN 3824299863,021,113$4,834
RF272-96195MAHONING FARM BUREAU COOP OR ENERGY REFUNDS, INC. C/O BOB YODER31 SMALL LANEHARDIN, KY 42048    19,785,171$31,656
TOTALS:11 29,533,420 $47,252