Case No. RK272-05451

March 29, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Petitioners: Columbia Memorial Hospital et al.

Dates of Filing: August 9, 1999, et al.

Case Numbers: RK272-05451, et al.

Pursuant to the long-standing policy of the Department of Energy (DOE), thousands of purchasers of petroleum products have applied for, and been granted, refunds from crude oil overcharge funds under jurisdiction of the DOE's Office of Hearings and Appeals (OHA). See Statement of Modified Restitutionary Policy To Be Implemented In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil funds are set forth at 10 C.F.R. Part 205, Subpart V.

The OHA has approved more than 87,000 requests for refund from the pool of crude oil overcharge funds. In Subpart V crude oil refund cases, a claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period from August 19, 1973 through January 27, 1981, multiplied by a per gallon amount. That per gallon refund amount is derived by dividing the total refund monies available by the total U.S. consumption of petroleum products during the crude oil price control period. Refunds had been calculated by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor had been in use since April 1989, when it replaced an earlier volumetric factor of $0.0002 per gallon. Any applicant who received a refund at the lower volumetric factor has also received a supplemental refund based on an additional $0.0006 per gallon. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).

Additional crude oil overcharge funds have become available for disbursement and we can now issue additional refund checks to applicants. Sufficient funds are available to pay applicants at a new, aggregate rate of $0.0016 per gallon.(1) Thus, the amount of the supplemental refund will be equal to the refund already received. Refunds are rounded to the nearest dollar.

In order to receive a supplemental refund check, applicants are being required to verify (directly or through their representatives) that their name and address in our records are correct, to correct any information that is not accurate, and to indicate whether there has been any change in circumstances affecting the payment of the refund. We intend to issue a series of Decision and Orders approving supplemental refunds as we receive completed verification forms from all applicants or certifications from their representatives.

The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. In each case, we were informed that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-)(2) and investigated whether the individual or firm that submitted the verification form (or upon whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds. The Appendix also indicates the dollar amount of the supplemental refund for each applicant. The total amount of additional refunds being approved in this Order for the benefit of 28 recipients is $51,054.

It Is Therefore Ordered That:

(1) 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 supplemental refund to each Crude Oil Refund Recipient set forth in the Appendix to this Order.

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of the Treasury.

(3) To facilitate the payment of future refunds, an applicant 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, SW

Washington, D.C. 20585-0107

(4) Any conditions that applied to an applicant's receipt of the initial crude oil refund shall also apply to that applicant's receipt of this supplemental refund.

(5) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: March 29, 2000

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

(2)The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.

CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESSCITY/STATEVOLUME REFUND RF NUM
RK272-05451COLUMBIA MEMORIAL HOSPITALC/O LINDA NEILSON 71 PROSPECT AVE. HUDSON, NY 12534 1,329,531 $1,064RF272-18173
RK272-05581DAVID E. POOVEY   715 E. VISTAGARLAND, TX 75041 357,685 $286RF272-10953
RK272-05591ANDREW DAIRY, INC. C/O TED M. ANDREW 170 S. 800 E.TRENTON, UT 84338 97,583$78 RF272-11356
RK272-055994-D FARMS, INC. C/O CHRIS DOSSETT 3467 HWY. 136 W. HENDERSON, KY 42420 175,411 $140RF272-30742
RK272-05600STONES ROSES, INC. C/O RICHARD COLLINS 10 DOGWOOD LANE PATCHOGUE, NY 11772 1,359,750 $1,088RF272-15129
RK272-05603VIRGIL KESTER  4581 FM 18ABILENE, TX 79602 90,246$72 RF272-12988
RK272-05604GOLDEN GRAVEL CO. C/O REGGIE GOLDEN PO BOX 54LONGMONT, TX 80502 2,392,905 $1,914RF272-24530
RK272-05612T & M FARMS C/O ERVIN M. MATHIAS PO BOX 3436NORTH MYRTLE BEACH, SC 295820436161,161 $129RF272-12046
RK272-05616ARLENE ULRICH KAUMP   7990 SWEDE CREEK RD. RANDOLPH, KS 665549110 195,487 $156RF272-70964
RK272-05624COX FAMILY PROPERTY C/O ANDREA S. REID 1574 E. BRAEMERE RD. BOISE, ID 83702 177,072 $142RF272-09230
RK272-05631SAMSONITE CORP. C/O JAN DEEM 11200 E. 45TH AVE. DENVER, CO 80239 4,269,611 $3,416RF272-68305
RK272-05632AMELIA WUERTZ  23500 WCR 10HUDSON, CO 80642 70,828$57 RF272-09201
RK272-05633WILLIAM H. PFLAUMER   150-68 W. MASTER ST. PHILADELPHIA, PA 19122 5,037,572 $4,030RF272-15426
RK272-05634KATHLEEN S. WILSON   PO BOX 83, STATE RD. 16 PIASA, IL 62079 111,727 $89RF272-16545
RK272-05637DONALD E. SLIKE   PO BOX 292, 1302 SLATE HILL RD.CAMP HILL, PA 170010292 393,801 $315RF272-94835
RK272-05639GLOBE PRODUCTS CO., INC.C/O TIM BENJAMIN 90 LINDEN OAKS ROCHESTER, NY 14625 3,139,639 $2,512RF272-13118
RK272-05640DURA AUTOMOTIVE SYSTEMS, INC.C/O JOHN ALLEN PO BOX 100, 6544 HWY. 6 BUTLER, IN 46721 1,629,000 $1,303RF272-23900
RK272-05644WAMPLER FOODS, INC. C/O WILLIAM LEAP PO BOX 7275BROADWAY, VA 228157275 1,115,692 $893RF272-76949
RK272-05645FARMERS CO-OP ELEVATOR CO.C/O DAROL D. GRUMMERT PO BOX 66, 501 E. MAIN PLYMOUTH, NE 684240066 6,979,517 $5,584RF272-95040
RK272-05650DAVID COAY  20103 CHEETAH LANE ESTERO, FL 339282006 3,899,299 $3,119RF272-29567
RK272-05651TETLEY, INC.C/O J.PETRIZZIO, TAX DEPT PO BOX 856, 100 COMMERCE DR.SHELTON, CT 064840856 13,040,568 $10,432 RF272-19894
RK272-05652PAULSEN, INC.C/O PAUL ROOHOUSE PO BOX 17, 1116 HWY. 30 COZAD, NE 69130 16,734,246 $13,387 RF272-23523
RK272-05657MRS. EARL DRILLING, JR.   28238 "S" AVE.WAUCOMA, IA 52171 128,508 $103RF272-73508
RK272-05658E.C. MAPP  612 HWY. 51, S.E. BOGUE CHITTO, MS 39629 403,295 $323RF272-23471
RK272-05659JUAN LAMAS  PO BOX 1818ARANSAS PASS, TX 78336 176,000 $141RF272-72095
RK272-05660CLAIRE A. DODD   26 MAPLE AVE., PO BOX 149WEST WARWICK, RI 02893 116,612 $93RF272-93648
RK272-05666JAMES THOMPSON   PO BOX 366GREENUP, IL 624280366 116,770 $93RF272-73719
RK272-05668DELLA M. HEISS   PO BOX 7PAGE, NE 68766 119,194 $95RF272-71731
TOTALS:28       63,818,710 $51,054