Case No. RF272-96086
January 12, 2000
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:McKenzie Tractor Co., et al.
Dates of Filings: May 25, 1994, et al.
Case Numbers: RF272-96086, et al.
This Decision and Order considers and ultimately grants 23 Applications for Refund, releasing a total of $64,043 in the Subpart V crude oil refund proceeding. The names of the 23 applicants 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 and each 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). Each applicant relies on the presumption of injury for end-users as the basis for its refund claim. Under this presumption, OHA will presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).
We have reviewed the information submitted by all 23 applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. (1) 1/ After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision. 2/(2) The total volume for which refunds are approved in this Decision is 40,026,756 gallons and the sum of the refunds granted is $64,043.
The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.
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 or their representatives. Refund checks totaling $64,043 shall be sent to the applicants or their representatives at the addresses indicated in the Appendix to this Decision and Order.
(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 the refund applications is incorrect.
(5) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date:January 12, 2000
(1)Some of the applications under consideration were submitted by private filing services.
(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 ADDRESS CITY/STATE VOLUME REFUND RF272-96086 MCKENZIE TRACTOR CO. C/O KENYON F. MCKENZIE OR PETROLEUM FUNDS, INC. PO BOX 1380 PARIS, TN 382429986 122,410 $196 RF272-96094 CITY OF SANGER C/O ED LARRABEE 1700 7TH ST. SANGER, CA 93657 152,445 $244 RF272-96095 CITY OF AMSTERDAM, NY C/O ANTHONY COSENTINO 345 E. MAIN ST. AMSTERDAM, NY 12010 810,640 $1,297 RF272-96106 BURN CONSTRUCTION CO., INC. C/O MATT SUGERMAN P.O. DRAWER 1869 LAS CRUCES, NM 88004 17,736,913 $28,379 RF272-96107 LANCE J. ELLER, INC. C/O ALBERT LECATO JR. PO BOX 885 ONLEY, VA 23418 8,560,153 $13,696 RF272-96108 KENDALL DRILLING CO., INC. C/O JAMES W. KENDALL 1015 A MAIN ST. EVANSVILLE, IN 47708 1,788,970 $2,862 RF272-96109 JOHN HEXT JR. CONSTRUCTION CO. OR JOHN HEXT JR. 607 3RD ST. JASPER, TX 75951 227,840 $365 RF272-96112 ALABAMA ELECTRIC CO., INC. C/O F.E. RHODES PO BOX 8277 DOTHAN, AL 36304 394,976 $632 RF272-96113 WACO MEAT SERVICE, INC. C/O J.T. HARRELL PO BOX 7249 WACO, TX 76714 414,083 $663 RF272-96114 D'ANNA BROTHERS PRODUCE CO. C/O VINCE J. D'ANNA 90 MARKET ST. SHREVEPORT, LA 71101 379,458 $607 RF272-96115 CLAIR HUGHES TRUCKING, INC. C/O CLARK E. SMITH 810 MAIN ST., BOX 264 CALDWELL, OH 43724 429,516 $687 RF272-96118 CARSON COUNTY FEEDYARD, INC. C/O FRANK SIMMS RT. 3, BOX 7 PANHANDLE, TX 79068 315,382 $505 RF272-96119 TOLLESON LUMBER CO., INC. C/O JOHN D. IRWIN P.O. DRAWER E PERRY, GA 31069 206,803 $331 RF272-96120 WASSERMAN REALTIES OR ALEXANDER WASSERMAN & EVELYN WASSERMAN 1603 MCDONALD AVE. BROOKLYN, NY 11230 937,500 $1,500 RF272-96121 DURHAM MFG. CO., INC. C/O DICK DEMPSEY PO BOX 479 GALLATIN, TN 37066 340,045 $544 RF272-96123 BUTLER LAND & TIMBER CO., INC. C/O WILLIAM G. SIMPSON PO BOX 390 COLUMBIA, NC 27925 266,299 $426 RF272-96125 CLAWSON TRUCKING CO., INC. C/O MYRNA CLAWSON PO BOX 1460 CERES, CA 95307 212,766 $340 RF272-96128 BUCKINGHAM WOOD PRODUCTS, INC. C/O WILEY R. HUGHES PO BOX 640 RAPID CITY, SD 577090640 236,668 $379 RF272-96130 HI-GEAR TIRE & AUTO SUPPLY C/O STAN LOVE 110 RITCHIE RD. CAPITOL HEIGHTS, MD 20743 288,693 $462 RF272-96131 ALAMO IRON WORKS, INC. C/O MARK SOBOTIK PO BOX 231 SAN ANTONIO, TX 782910231 526,533 $842 RF272-96222 CITY OF FLORENCE C/O BILL BRAMLETT OR ENERGY REFUNDS, INC. 31 SMALL LANE HARDIN, KY 42048 2,606,451 $4,170 RF272-96233 LEXINGTON-FAYETTE CNTY GOVT. C/O LINDA AIN 200 E. MAIN ST. LEXINGTON, KY 40507 1,693,598 $2,710 RG272-00149 BRABAZON ALPINE PAVING & TRUCK C/O KATHLEEN BRABAZON 5738-A WILLOWS RD. ALPINE, CA 91901 1,378,614 $2,206 TOTALS: 23 40,026,756 $64,043