Case No. RF272-86371
March 16, 2000
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Township of Ridley, et al.
Dates of Filing: January 30, 1991, et al.
Case Numbers: RF272-86371, et al.
This Decision and Order grants to 13 Applicants refunds in the Subpart V crude oil special refund proceeding. The names of these claimants are set forth in the Appendix to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973, through January 27, 1981 (the crude oil price control period).
In the past, purchasers of refined petroleum products could apply for refunds from crude oil overcharge funds collected by the DOE from firms that sold crude oil during the price control period. Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986); 10 C.F.R. Part 205. The Office of Hearings and Appeals has established refund procedures for these funds. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987).
The refund procedures presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE's or its predecessors' price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). The Applicants in this case are end-users of refined petroleum products. The Applicants claim, based upon estimates and actual records, that they purchased a total of 56,871,226 gallons of petroleum products during the period of price controls.(1)
Each Applicant used these products to operate a school, city, town, county, township, or business. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $90,994 is warranted. The amount each Applicant will receive is listed in the Appendix to the Decision and Order. It is the policy of the DOE to
pay all crude oil refund claims that were filed by June 30, 1995, the final deadline for the crude oil proceeding, at the rate of $.0016 per gallon. We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we know how much money is remaining after all outstanding enforcement proceedings are resolved.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the 13 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 a total of $90,994 from the DOE deposit fund escrow account denominated Crude Tracking - Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury. The checks for the Applicants listed on Appendix shall be made payable to the Applicants and shall be sent to the addresses listed on 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 materials submitted by the Applicants. These determinations may be revoked or modified at any time upon a finding that the basis underlying any refund application is incorrect.
(6) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: March 16, 2000
(1)Interested parties were provided with an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any Application considered in this Decision.
Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-86371 TOWNSHIP OF RIDLEY OR PETROLEUM FUNDS, INC. C/O BHAISE CAPONI PO BOX 1380 PARIS, TN 382429986 634,381 $1,015 RF272-86378 CITY OF COLEMAN OR PETROLEUM FUNDS, INC. C/O DAVID S. SOOTER PO BOX 1380 PARIS, TN 382429986 691,226 $1,106 RF272-86385 TOWN OF BRIGHTON OR PETROLEUM FUNDS, INC. C/O MARION BROWN PO BOX 1380 PARIS, TN 382429986 1,789,469 $2,863 RF272-86386 BOROUGH OF BALDWIN OR PETROLEUM FUNDS, INC. C/O SHIRLEY A. KUCHTA PO BOX 1380 PARIS, TN 382429986 603,674 $966 RF272-86388 TOWN OF BOYLSTON OR PETROLEUM FUNDS, INC. C/O IRENE M. SYMONDS PO BOX 1380 PARIS, TN 382429986 279,365 $447 RF272-86392 CITY OF UHRICHSVILLE C/O RICHARD L. DORLAND 305 E. 2ND ST. UHRICHSVILLE, OH 44683 736,448 $1,178 RF272-86398 BLAND COUNTY OR PETROLEUM FUNDS, INC. C/O GARY L. CUTLIP PO BOX 1380 PARIS, TN 382429986 473,095 $757 RF272-86435 WAYNE COUNTY OR PETROLEUM FUNDS, INC. C/O MAX A. SMITH PO BOX 1380 PARIS, TN 382429986 8,528,298 $13,645 RF272-89019 SANTA BARBARA ROOFING C/O MERLYN DERRICK 650 WARD DR. SANTA BARBARA, CA 93111 952,883 $1,525 RF272-89311 A-1 PAVING C/O LOU DALESSIO 132 GARDEN ST., #8 SANTA BARBARA, CA 93101 548,879 $878 RF272-89495 VICTORIA CATHOLIC CEMETERIES C/O REV EUSTACE A. HERMES PO BOX 4070 VICTORIA, TX 77903 5,600 $9 RR272-00094 EASTERN MOTOR TRANSPORT, INC. OR PETROLEUM FUNDS, INC. C/O HENRY W. MCCRAY PO BOX 1380 PARIS, TN 382429986 5,209,915 $8,336 RR272-00145 HEINZ U.S.A. C/O WILLIAM L. WALTON 10501 WILSHIRE BLVD. LOS ANGELES, CA 90024 36,417,993 $58,269 TOTALS: 13 56,871,226 $90,994