Case No. RK272-05602
February 23, 2001
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Cases: Louise Trausch, et al.
Dates of Cases: June 11, 1999, et al.
Case Numbers: RK272-05062, 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 the jurisdiction of the DOEs 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 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.
This Decision and Order contains the names and addresses of 14 claimants 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 party that submitted the verification form (or on 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 the supplemental refunds. The dollar amount of the supplemental refunds being approved in this Order for the 14 claimants is $9,593.
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 supplemental refunds totaling $9,593 to the 14 claimants at the addresses and in the amounts specified in the Appendix to this Decision.
(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of 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
Washington, D.C. 20585-0107
(4) Any conditions imposed that applied to an applicants receipt of the initial crude oil refund shall also apply to that applicants 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:February 23, 2001
(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.
Appendix CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM RK272-05062 LOUISE TRAUSCH HAVEN HOME, 100 W. ELM KENESAW, NE 68956 84,995 $68 RF272-33188 RK272-05287 MILLER SCHOOL C/O CATHERINE T. MUMMAU 1000 SAMUEL MILLER LOOP CHARLOTTESVILLE, VA 22903 694,151 $555 RF272-56745 RK272-05297 ANGELICA TEXTILE SERVICES C/O LAWRENCE CURTIS JR. 482 PAWTUCKET RD. PAWTUCKET, RI 02860 855,074 $684 RF272-48371 RK272-05377 LEE MEMORIAL HEALTH SYSTEM C/O MIKE BERKLEY 636 DEL PRADO BLVD. CAPE CORAL, FL 33990 102,900 $82 RF272-32444 RK272-05428 ST. CLARE'S HOSPITAL/DOVER C/O S.C. IANNACCONE 400 W. BLACKWELL ST. DOVER, NJ 07801 3,700,572 $2,960 RF272-54249 RK272-05452 DAVID TRIBBLE 596 LAWRENCE 612 WALNUT RIDGE, AR 72476 272,910 $218 RF272-58280 RK272-05501 BARNEY R. SCROGGINS 667 KEARNEY PARK RD. FLORA, MS 39071 287,742 $230 RF272-55971 RK272-05562 WEST JASPER SCHOOL DISTRICT C/O MARY L WALTERS, ED.D. PO BOX 610 BAY SPRINGS, MS 39422 824,183 $659 RF272-48893 RK272-05565 MIDDLETON BUILDING SUPPLY, INC C/O MARCELLA PERRY 5 KINGS HWY. MIDDLETON, NH 03887 833,209 $667 RF272-65771 RK272-05566 NELSON COUNTY HEALTH SYSTEM C/O JIM OPDAHL PO BOX 367 MCVILLE, ND 58254-0367 182,000 $146 RF272-34094 RK272-05588 EDWARD LAMPSA, JR. PO BOX 177 PALMYRA, WI 53156 827,323 $662 RF272-62785 RK272-05592 JANICE KOPNICKY 1420 ANDREA DR. BAY CITY, TX 77414 421,640 $337 RF272-52478 RK272-05609 WESTEK, INC. C/O BOB JOHNSON PO BOX 391, 325 GOODRICH AVE. THOMASTON, GA 30286 2,828,297 $2,263 RF272-38394 RK272-05722 ESTATE OF DOMINICK MANISCALCO C/O ANTHONY MANISCALCO 117 70TH ST. BROOKLYN, NY 11209 77,036 $62 RF272-65149 TOTALS: 14 11,992,032 $9,593