Case No. RF272-95906

April 17, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Names of Petitioners: City Of Glendora, et al.

Dates of Filings: May 25, 1994, et al.

Case Numbers: RF272-95906 et al.

This Decision and Order will consider Applications for Refund filed by eleven claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendix attached to this 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).

In order to receive a refund for crude oil overcharges, an applicant generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. Applicants that were end- users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE¶85,550 (1981). (1) All of the applicants considered in this Decision and Order were submitted by Petroleum Funds, Inc., a private filing service located in Paris, Tennessee.

The amount of an applicant’s refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. Each of the applicants listed in the Appendix has documented its purchase volumes. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 5,613,820 gallons and the sum of the refunds granted is $8,983.

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 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 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 a 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: April 17, 2001

(1)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 FIRM CONTACT VOLUME REFUND
RF272-95906CITY OF GLENDORA OR PETROLEUM FUNDS, INC.C/O CITY CLERK782,227 $1,252
RF272-95907CITY OF FAIR HAVEN OR PETROLEUM FUNDS, INC.C/O CITY CLERK355,431 $569
RF272-95912CITY OF ANTIOCH OR PETROLEUM FUNDS, INC.C/O CITY CLERK1,056,882 $1,691
RF272-95913ANTIOCH UNIFIED SCHOOL DIST.OR PETROLEUM FUNDS, INC.C/O TIM NELSON 751,090 $1,202
RF272-95914BARBOUR COUNTY OR PETROLEUM FUNDS, INC.C/O CHARLES FOLEY50,299$80
RF272-95916BUENA VISTA SCHOOL DIST.OR PETROLEUM FUNDS, INC.C/O ROBERT K. DWAN 465,699 $745
RF272-95918JERSEY COUNTY OR PETROLEUM FUNDS, INC.C/O DAVID COLLINS1,533,793$2,454
RF272-95926CITY OF GAS CITY OR PETROLEUM FUNDS, INC.C/O JOE MIITSCH226,288 $362
RF272-95932BUTLER COUNTY OR PETROLEUM FUNDS, INC.C/O JIM TRUKSA189,194 $303
RF272-95935HIGHGATE SCHOOL DIST.OR PETROLEUM FUNDS, INC.C/O DOUGLAS HARRIS 91,140$146
RF272-95938SWANTON SCHOOL DIST. OR PETROLEUM FUNDS, INC.C/O DOUGLAS HARRIS111,777$179
TOTALS:11   5,613,820$8,983