Case No. RF272-80993
December 19, 2001
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Farwell I.S.D., et al.
Dates of Filings: August 27, 1990, et al.
Case Numbers: RF272-80993, et al.
This Decision and Order considers and ultimately grants 10 Applications for Refund, releasing a total of $27,484 in the Subpart V crude oil refund proceeding. The names of the 10 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 10 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 17,177,598 gallons and the sum of the refunds granted is $27,484.
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, as we near the resolution of the remaining open claims, whether any further payment is appropriate.
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 $27,484 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 any 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:December 19, 2001
(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 RF272-80993 FARWELL I.S.D. OR PETROLEUM FUNDS, INC. C/O LARRY GREGORY PO BOX 1380 PARIS, TN 382429986 456,067 $730 RF272-82727 DAYTONA BEACH JET CENTER C/O DEAN MARCHETTI 1015 ATLANTIC BLVD., #351 ATLANTIC BEACH, FL 32233 4,251,655 $6,803 RF272-83015 CITY OF KERMAN OR PETROLEUM FUNDS, INC. C/O TINA NORRDIN PO BOX 1380 PARIS, TN 382429986 178,091 $285 RF272-84870 CITY OF LIVONIA C/O MICHAEL SLATER 12973 FARMINGTON RD. LIVONIA, MI 48150 7,127,352 $11,404 RF272-94622 LARRY BOYKIN FARM OR WILSON, KELLER & ASSOCIATES C/O LARRY BOYKIN PO BOX 221145 MEMPHIS, TN 38122 160,257 $256 RF272-94632 IVAN RYDER OR WILSON, KELLER & ASSOCIATES PO BOX 221145 MEMPHIS, TN 38122 96,435 $154 RF272-94637 CAMBEIS TRUCKING CO. OR WILSON, KELLER & ASSOCIATES C/O ROBERT CAMBEIS PO BOX 221145 MEMPHIS, TN 38122 303,577 $486 RF272-94639 METROMONT MATERIALS CORP. OR WILSON, KELLER & ASSOCIATES C/O JIM KNIGHT PO BOX 221145 MEMPHIS, TN 38122 290,000 $464 RG272-00161 GLAMORGAN COAL CORP. C/O MONROE ROBINETTE PO BOX 3237 WISE, VA 24293 3,900,884 $6,241 RG272-00174 TRUSS-SPAN CORP. C/O FRANK NOVAK SR. 5415 46TH S.W. SEATTLE, WA 98136 413,280 $661 TOTALS: 10 17,177,598 $27,484