Case No. RK272-05075

February 09, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: St. Mary of the Assumption Parish, et al.

Dates of Cases: June 11, 1999, et al.

Case Numbers: RK272-05075, 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 DOE’s 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 12 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 12 claimants is $2,412.

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 $2,412 to the 12 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 applicant’s receipt of the initial crude oil refund shall also apply to that applicant’s 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 09, 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 ADDRESSCITY/STATEVOLUME REFUND RF NUM
RK272-05075ST. MARY OF ASSUMPTION PAR.C/O REV. JACK AHERN 5 LINDEN PL.BROOKLINE, MA 02445 71,450$57 RF272-62180
RK272-05099BENJAMIN R. DIMEDIO, JR.  24 LAUREL HILL DR. CHERRY HILL, NJ 08003 537,648 $430RF272-65288
RK272-05100MACKINNEY CO.C/O STEVEN D. CARLSON 860 E. JACKSON ST. BELVIDERE, IL 61008 99,622$80 RF272-62034
RK272-05102ADIRONDACK MEDICAL CENTERC/O GREG M. CORROW PO BOX 471SARANAC LAKE, NY 12983 377,417 $302RF272-57981
RK272-05106GEMTOP MANUFACTURING C/O FRIEDA CHRISTOPHER 8811 S.E. HERBERT CT. CLACKAMAS, OR 97015 237,615 $190RF272-55552
RK272-05108WOODMARK ORIGINALS, INC.C/O CHIP TURNER PO BOX 2448HIGH POINT, NC 27260-2448140,193 $112RF272-52873
RK272-05125TRI-CITY WATER CONDITIONINGC/O MIKE KANNAPEL 1530 E. HOPEMESA, AZ 85213 130,700 $105RF272-65698
RK272-05141SIEMER MILLING CO.   PO BOX 670TEUTOPOLIS, IL 62467 89,072$71 RF272-44262
RK272-05172JEANNE MARIE GILBERT   46072 SPRING CREEK RD. PILOT ROCK, OR 97868-6828136,837 $109RF272-43739
RK272-05187OAKLAND HOMES OF BILLINGS, INCC/O LANDY LEEP 1925 GRAND AVE. BILLINGS, MT 59102 214,642 $172RF272-49662
RK272-05214M.F. VUKELICH CO. C/O MICHAEL F. VUKELICH 202 STEIN WAYORINDA, CA 94569 880,671 $705RF272-62077
RK272-05259DAVE MOSS  PO BOX BLIMA, MT 59739 98,249$79 RF272-45441
TOTALS:12       3,014,116 $2,412