Case No. RF272-89115

July 26, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Motion for Reconsideration

Names of Petitioners: D. Stamato & Co./Andover

Industries, et al.

Dates of Filing: April 4, 1991 et al.

Case Numbers: RF272-89115 et al.

This Decision and Order will consider Applications for Refund filed by eight claimants in the crude oil refund proceeding. This Decision will also consider a Motion for Reconsideration (Case No. RR272-00313) of a Decision and Order dated May 23, 1995, that was issued by the Office of Hearings and Appeals (OHA) of the Department of Energy. In that Decision, the OHA denied an Application for Refund (Case No. RF272-97259) filed in the crude oil refund proceeding by Resource Refunds, Inc. on behalf of Gloucester Trucking because Mr. John Conner, the owner of Gloucester Trucking did not own Gloucester during the refund period.

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 Appendix is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The applicants

considered in this Decision applied 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 their representative.(1) The total volume for which refunds are approved in the Appendix is 18,018,192 gallons and the sum of the refunds granted is $28,830.

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 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 the 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 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: July 26, 2000

(1)As mentioned above, Gloucester Trucking’s original application (Case No. RF272-97259) was denied in an earlier Decision. However, the applicant has since submitted documentation showing that it had purchased the firm, and the control of the stock, and is therefore entitled to any refund that Gloucester Trucking is entitled to receive. Therefore, this applicant’s Motion for Reconsideration will be granted and its refund will be based on its original gallonage claim.

Appendix

CASE NO. APPLICANT CONTACT STREET ADDRESSCITY/STATEVOLUME REFUND
RF272-89115D. STAMATO & CO./ANDOVER INDUSOR MCMICKLE & EDWARDS C/O ETHEL STAMATOPO BOX 221145MEMPHIS, TN 38122 970,949 $1,554
RF272-89143LAWRENCE TRANSFER & STORAGEOR MCMICKLE & EDWARDS C/O WESLEY CAMPBELLPO BOX 221145MEMPHIS, TN 38122 1,346,024 $2,154
RF272-89144LIME CITY CO., INC. OR MCMICKLE & EDWARDS C/O CLEM GETTYPO BOX 221145MEMPHIS, TN 38122 1,992,593 $3,188
RF272-89510CRUTCHER TRANSFER LINE, INC.OR MCMICKLE & EDWARDS C/O HAROLD T. CRUTCHERPO BOX 221145MEMPHIS, TN 38122 1,120,022 $1,792
RF272-89819W.T. YOUNG CONSTRUCTION CO.  C/O W.T. YOUNGPO BOX 9197CORPUS CHRISTI, TX 784691,296,552 $2,074
RF272-89823MERCY CENTER  C/O STR. MARYANN MALASICSPO BOX 191MADISON, CT 06443-0191 397,342 $636
RF272-98372DELAWARE RIVER PORT AUTHORITYOR MCMICKLE & EDWARDS C/O KELLY CAMPBELLPO BOX 221145MEMPHIS, TN 38122 550,549 $881
RR272-00313GLOUCESTER TRUCKING  C/O MARCIE CONNOR1251 KENWYN ST. PHILADELPHIA, PA 19124 10,344,161 $16,551
TOTALS:8       18,018,192 $28,830