Case No. RK272-05718

July 19, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Petitioners: L.E. Pryor

Dave’s Truck Service

Dates of Filing: October 16, 2000

November 3, 2000

Case Numbers: RK272-05718

RK272-05720

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 DOE's Office of Hearings and Appeals (OHA). See Modified Statement of Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil overcharge funds are set forth at 10 C.F.R. Part 205, Subpart V. The deadline for applications in the crude oil proceeding was June 30, 1995. The OHA has approved more than 87,000 crude oil overcharge applications.

A claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period August 19, 1973 through January 27, 1981, multiplied by a per gallon refund amount. That per gallon refund amount, also referred to as the volumetric, 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. Originally, the DOE calculated refunds at a $0.0002 per gallon volumetric. In 1989, the DOE increased the volumetric to $0.0008 per gallon, and applicants that had been paid at the lower $0.0002 per rate were eligible for a $0.0006 supplemental payment. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989). In 1995, the DOE increased the volumetric to $0.0016 per gallon. Accordingly, applicants that had been paid at the lower $0.0008 per

rate became eligible for an $0.0008 supplemental refund. The deadline for requests for the 1995 supplemental refund was January 31, 2000.

This Decision and Order considers requests for supplemental refund checks. Applicants are required to verify 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.

This decision approves supplemental refunds for 2 applicants totaling $838. The applicants are the original refund applicants and have verified that there is no change in circumstances. Nonetheless, we determined that the requests required individualized review, because we received them after the relevant deadline. Accordingly, we set up new case files (designated, RK272-). Based on our review of the applications, we have determined that good cause exists for considering the requests. The new case number replaces the original number. For all future purposes, the application will be known by the new case number.

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 of $751 to

L.E. Pryor

1299 Pryor Road

Newington, GA 30446

(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 a supplemental refund of $87 to

Dave’s Truck Service

c/o David Pine or successor

PO Box 1383

Union City, CA 94587

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

(4) 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

(5) Any conditions imposed 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.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: July 19, 2001