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 applicants 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 RF272-95906 CITY OF GLENDORA OR PETROLEUM FUNDS, INC. C/O CITY CLERK 782,227 $1,252 RF272-95907 CITY OF FAIR HAVEN OR PETROLEUM FUNDS, INC. C/O CITY CLERK 355,431 $569 RF272-95912 CITY OF ANTIOCH OR PETROLEUM FUNDS, INC. C/O CITY CLERK 1,056,882 $1,691 RF272-95913 ANTIOCH UNIFIED SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O TIM NELSON 751,090 $1,202 RF272-95914 BARBOUR COUNTY OR PETROLEUM FUNDS, INC. C/O CHARLES FOLEY 50,299 $80 RF272-95916 BUENA VISTA SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O ROBERT K. DWAN 465,699 $745 RF272-95918 JERSEY COUNTY OR PETROLEUM FUNDS, INC. C/O DAVID COLLINS 1,533,793 $2,454 RF272-95926 CITY OF GAS CITY OR PETROLEUM FUNDS, INC. C/O JOE MIITSCH 226,288 $362 RF272-95932 BUTLER COUNTY OR PETROLEUM FUNDS, INC. C/O JIM TRUKSA 189,194 $303 RF272-95935 HIGHGATE SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O DOUGLAS HARRIS 91,140 $146 RF272-95938 SWANTON SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O DOUGLAS HARRIS 111,777 $179 TOTALS: 11 5,613,820 $8,983