Case No. RK272-05685

August 24, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Victor Vosters et al.

Dates of Cases: March 6, 2000 et al.

Case Numbers: RK272-05685 et al.

This decision grants supplemental crude oil overcharge refunds. The names of the recipients and the amount of the refunds are listed in the appendix to this decision.

This supplemental refund decision concerns the crude oil overcharge refund proceeding. 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 Modified Statement of Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil overcharge funds are set forth at 10 C.F.R. Part 205, Subpart V. The deadline for applications in the crude oil proceeding was June 30, 1995. The OHA has approved more than 87,000 crude oil overcharge applications. A claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period August 19, 1973 through January 27, 1981, multiplied by a per gallon refund amount. That per gallon refund amount, also referred to as the volumetric, 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. Originally, the DOE calculated refunds at a $0.0002 per gallon volumetric. In 1989, the DOE increased the volumetric to $0.0008 per gallon, and applicants that had been paid at the lower $0.0002 per rate were eligible for a $0.0006 supplemental payment. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989). In 1995,

the DOE increased the volumetric to $0.0016 per gallon. Accordingly, applicants that had been paid at the lower $0.0008 per rate became eligible for an $0.0008 supplemental refund. Refunds are rounded to the nearest dollar.

In order to receive a supplemental refund check, applicants are required to verify 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.

This decision approves supplemental refunds for 16 applicants totaling $15,852. We identified each case as requiring individualized review, usually because there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-) and investigated whether the party that submitted the verification form (or on whose behalf the form was submitted) was entitled to receive the supplemental refund. On the basis of that investigation, we have determined that each of the applicants is entitled to the supplemental refund. For each applicant, the appendix lists the name, address, original case number, new RK272- case number, and amount of the supplemental refund. The new case number replaces the original number. For all future purposes, the application will be known by the new case number.

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 supplemental refunds totaling $15,852 to the 16 claimants at the addresses and in the amounts specified in the appendix to this decision.

(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: August 24, 2000

Appendix

CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESSCITY/STATEVOLUME REFUND RF NUM
RK272-05685VICTOR VOSTERS   3730 E. EDGEWOOD DR. APPLETON, WI 54913 63,569$51 RF272-05575
RK272-05694ESTATE OF ALFRED L. SICOTTEC/O ROBT. E. DASTIN, EXC. 1 HARBOR PLACE, #325 PORTSMOUTH, NH 03801-00006,802,816 $5,442RF272-78666
RK272-05695FAIRBANKS FARMS C/O A. JOSEPH FAIRBANK 1 FAIRBANK RD., POB 170 ASHEVILLE, NY 14710-01702,301,299 $1,841RF272-78702
RK272-05696TERESA DESTASI C/O TERRY J. DESTASI 306 BAY LANEMANTOLKING, NJ 08738 466,409 $373RF272-90923
RK272-05697COMPTON PRINZBACH PRODUCTSC/O DON PRINZBACH PO BOX 305PRINCETON, WV 24740 115,149 $92RF272-90627
RK272-05698PORTERVILLE CITRUS ASSOC TRUSTC/O RICH ARTIS PO BOX 5100VISALIA, CA 93278-5100 161,361 $129RF272-90566
RK272-05699FISHERMAN'S ICE, INC. C/O DONALD DELESDERNIER PO BOX 38BOOTHVILLE, LA 70038 397,514 $318RF272-95015
RK272-05700KINSELLA FARMS, INC. C/O JAMES H. KINSELLA RR 2, BOX 138A LEXINGTON, IL 61753 70,829$57 RF272-54601
RK272-05701DON LESTER  1023 E. CALIFORNIA ST. GAINESVILLE, TX 76240 95,121$76 RF272-69441
RK272-05702FOUR DEE REALTY CO., INC.C/O BARBARA WARD 173 WEEDEN ST. PAWTUCKET, RI 02862 2,185,551 $1,748RF272-53580
RK272-05703A.J. WATFORD  112 BUD TAYLOR RD. COLERAIN, NC 27924 305,339 $244RF272-25045
RK272-05704ST. ELIZABETH REGIONAL MED CTRC/O W. DOUGLAS KNIGHT 555 S. 70TH ST. LINCOLN, NE 68510 2,435,800 $1,949RF272-08381
RK272-05710COMPTON ENTERPRISES   325 INGLESIDE RD. PRINCETON, WV 24740 162,568 $130RF272-90627
RK272-05711EDWARD HRABORSKY   8-28 OAK ST.FAIRLAWN, NJ 07410 25,911$21 RF272-90923
RK272-05712DOLORES HRABORSKY   8-28 OAK ST.FAIRLAWN, NJ 07410 25,911$21 RF272-90923
RK272-05713EDWARD QUINIF  6237 E. SAGE DR. SCOTTSDALE, AZ 85253 4,199,955 $3,360RF272-65187
TOTALS: 16       19,815,102 $15,852