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 Truckings 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 applicants Motion for Reconsideration will be granted and its refund will be based on its original gallonage claim.
Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-89115 D. STAMATO & CO./ANDOVER INDUS OR MCMICKLE & EDWARDS C/O ETHEL STAMATO PO BOX 221145 MEMPHIS, TN 38122 970,949 $1,554 RF272-89143 LAWRENCE TRANSFER & STORAGE OR MCMICKLE & EDWARDS C/O WESLEY CAMPBELL PO BOX 221145 MEMPHIS, TN 38122 1,346,024 $2,154 RF272-89144 LIME CITY CO., INC. OR MCMICKLE & EDWARDS C/O CLEM GETTY PO BOX 221145 MEMPHIS, TN 38122 1,992,593 $3,188 RF272-89510 CRUTCHER TRANSFER LINE, INC. OR MCMICKLE & EDWARDS C/O HAROLD T. CRUTCHER PO BOX 221145 MEMPHIS, TN 38122 1,120,022 $1,792 RF272-89819 W.T. YOUNG CONSTRUCTION CO. C/O W.T. YOUNG PO BOX 9197 CORPUS CHRISTI, TX 78469 1,296,552 $2,074 RF272-89823 MERCY CENTER C/O STR. MARYANN MALASICS PO BOX 191 MADISON, CT 06443-0191 397,342 $636 RF272-98372 DELAWARE RIVER PORT AUTHORITY OR MCMICKLE & EDWARDS C/O KELLY CAMPBELL PO BOX 221145 MEMPHIS, TN 38122 550,549 $881 RR272-00313 GLOUCESTER TRUCKING C/O MARCIE CONNOR 1251 KENWYN ST. PHILADELPHIA, PA 19124 10,344,161 $16,551 TOTALS: 8 18,018,192 $28,830