Case No. RF272-86615

February 09, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Erickson Trucking, Inc., et al.

Dates of Filing: February 19, 1991 et al.

Case Numbers: RF272-86615 et al.

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

To receive a refund for crude oil overcharges, an applicant that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each applicant's refund share is calculated using the current refund amount of $0.0016 per gallon.

Each of the applicants listed in the Appendix is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The applicants considered in this Decision applied on their own behalf or through a private filing service. In accordance with each applicant's request, the refund checks will be sent to the applicant or the applicant’s representative. The total volume for which refunds are approved in this Decision is 8,257,005 and the sum of the refunds granted is $13,211.

We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.

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 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 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, 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. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any 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: February 09, 2001

Appendix

CASE NO. APPLICANT CONTACT STREET ADDRESSCITY/STATEVOLUME REFUND
RF272-86615ERICKSON TRUCKING, INC. C/O GENE ERICKSON  PO BOX 1179MOUNT SHASTA, CA 96067    1,653,333 $2,645
RF272-86624BOROUGH OF OLYPHANT C/O NORBERT KOSCIUK OR PETROLEUM FUNDS, INC.PO BOX 1380PARIS, TN 382429986 420,973$674
RF272-86648CENTER UNIFIED SCHOOL DIST.C/O MARIE HUGGINS  8408 WATT AVE. ELVERTA, CA 95626    1,090,714 $1,745
RF272-86942AUSTIN PEAY STATE UNIVERSITYBUSINESS SERVICES C/O AL IRBYPO BOX 4635CLARKSVILLE, TN 37044    1,262,020 $2,019
RF272-86946WARWICK VALLEY CTRL SCH DIST.C/O THOMAS GUSTAINIS  PO BOX 595WARWICK, NY 109900595 2,157,717 $3,452
RF272-89181HEARD & HEARD, INC. C/O JOHN D. WHITLOW OR MCMICKLE & EDWARDSPO BOX 221145MEMPHIS, TN 38122    1,672,248 $2,676
TOTALS: 6       8,257,005 $13,211