Case No. RF272-89089

March 8, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

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

Dates of Filing: October 30, 1989 et al.

Case Numbers: RF272-89089 et al.

This Decision and Order will consider Applications for Refund filed by 24 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981.(1) Each applicant listed in the Appendix attached to the 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).

To receive a refund for crude oil overcharges, an applicant that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each applicant's refund share is calculated using the current refund amount of $0.0016 per gallon.

Each of the applicants listed in the Appendices is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendices. The applicants considered in this Decision applied either on their own behalf or through a filing service. In accordance with each applicant's request, refund checks will be sent directly to the applicant or the applicant’s representative. The total volume for which refunds are approved in the Appendices is 59,183,268 gallons and the sum of the refunds granted is $94,695.

We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the claimants listed in the Appendices 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 Appendices to this Decision and Order from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to the applicants listed in the Appendices.

For those applicants listed in Appendix A, the checks should be made payable to “[the applicant] or McMickle & Edwards” and sent to:

McMickle & Edwards

P.O. Box 221145

Memphis, TN 38122

For those applicants listed in Appendix B, the checks should be made payable to “[the applicant] or Bassman, Mitchell & Alfano” and sent to:

Bassman, Mitchell & Alfano

Chartered

1201 New York Ave., N.W.

Suite 1275

Washington, DC 20005

For those applicants listed in Appendix C, the checks should be made payable to the applicant and sent to the address indicated 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 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

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. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any 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: March 8, 2000

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

Appendix

CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND  
RF272-89089HAYWARD TRUCKING, INC.OR MCMICKLE & EDWARDSC/O JANE B. HAYWARD 4,027,017 $6,443 
RF272-89091ALLTRUCK FREIGHT SYSTEMSOR MCMICKLE & EDWARDSC/O KEITH MILLER 510,431$817  
RF272-89096BADGER COACHES, INC. OR MCMICKLE & EDWARDSC/O ROBERT MEIER1,867,213 $2,988 
RF272-89100BENTON BROS. FILM EXPRESS, INCOR MCMICKLE & EDWARDSC/O JIM QUIGLEY 5,147,364 $8,236 
RF272-89106BUCK'S CO. ARTESIAN WELL DRILLOR MCMICKLE & EDWARDSC/O ANTHONY DOMINIANI 1,611,946 $2,579 
RF272-89110CAMEL TRUCKING OR MCMICKLE & EDWARDSC/O NORMAN COHEN1,818,975 $2,910 
RF272-89114CLARK TRANSPORT OR MCMICKLE & EDWARDSC/O JAMES P. BYRNE9,115,431$14,585 
RF272-89136HILLSIDE VAN LINES, INC.OR MCMICKLE & EDWARDSC/O JOHN CASE 1,288,477 $2,062 
TOTALS: 8   25,386,854$40,620 
       
       
CASE NO.APPLICANTFIRMCONTACTVOLUMEREFUND 
RF272-98300BEAVER EXPRESS SERVICE, INC.OR BASSMAN, MITCHELL & ALFANOC/O DUANE FRENCH1,196,502 $1,914 
RF272-98313BRANSCOM COAL & WOOD CO.OR BASSMAN, MITCHELL & ALFANO  5,842,737 $9,348 
RF272-98376E.E. LYONS CONSTRUCTION CO.OR BASSMAN, MITCHELL & ALFANOC/O ANDY LYONS1,030,391 $1,649 
RF272-98406GIORDANO TRUCKING CORP.OR BASSMAN, MITCHELL & ALFANO  872,264$1,396 
RF272-98426HILAND DIARY CO. OR BASSMAN, MITCHELL & ALFANOC/O COLLEGE CLUB 866,635$1,387 
RF272-98442KRAJACK TANK LINES, INC.OR BASSMAN, MITCHELL & ALFANOC/O LOUIS F. GERACE603,359$965 
RF272-98466MEADOWBROOK FARMS OR BASSMAN, MITCHELL & ALFANOC/O ELSIE JONES 870,879$1,393 
RF272-98470MOSCA BROS. MOVING & STORAGE OR BASSMAN, MITCHELL & ALFANOC/O CELESTE GIANNICO 1,269,697 $2,032 
RF272-98473NATIONAL STORAGE CNTR. OR BASSMAN, MITCHELL & ALFANOC/O PETER DEGRUCCIO 533,840$854  
RF272-98480NORRIS BROTHERS CO. OR BASSMAN, MITCHELL & ALFANOC/O RICK THOMAS 575,536$921  
RF272-98485FT. BENT COUNTY OR BASSMAN, MITCHELL & ALFANO  3,197,251 $5,116 
RF272-98499R.M. ORMES TRANS., INC.OR BASSMAN, MITCHELL & ALFANOC/O ALICE CARNEY458,684 $734 
RF272-98506SSC INDUSTRIES, INC. OR BASSMAN, MITCHELL & ALFANOC/O BERT STUMBERG 2,111,361 $3,378 
RF272-98528STAR DELIVERY & TRANSFER, INC. OR BASSMAN, MITCHELL & ALFANOC/O MERLE GILES 2,231,897 $3,571 
TOTALS:14  21,661,033$34,658 
       
       
CASE NO.APPLICANTCONTACTSTREET ADDRESS CITY/STATE VOLUMEREFUND
RF272-89826SYRACUSE CO-OP EXCHANGEC/O ROBERT L. SMITH  PO BOX 946SYRACUSE, KS 678787,297,353 $11,676
RF272-89827LORENZO GRAIN CO-OP C/O BOBBY MARLAR  PO BOX 190LORENZO, TX 793434,838,028 $7,741
TOTALS:2   12,135,381$19,417