Case No. RK272-05726

December 12, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Petitioner: Paul Stockwell

Wrought Iron Co., Inc.

Dates of Filing: October 11, 2001

December 4, 2001

Case Numbers: RK272-05726

RJ272-00092

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 a request for a supplemental refund check. On December 2, 1999, we granted a $143 supplemental refund to Wrought Iron Co., Inc., Case No. RK272-05489 (RF272- 54378). When the check was returned uncashed, we contacted Mr. Paul Stockwell, the contact point listed in our data base. Mr. Stockwell advised us in writing that the firm was dissolved and that he was the sole shareholder at the time of dissolution. Accordingly, in Case No. RJ272-00092 we are rescinding the $143 refund granted Wrought Iron, and in Case No. RK272-05726 we are granting the refund to Mr. Stockwell.

It Is Therefore Ordered That:

(1) The Decision and Order issued on December 2, 1999 to Wrought Iron Co., Case No. RK272-05489, is hereby rescinded in Case No. RJ272-00092.

(2) The application of Paul Stockwell for a supplemental refund in Case No. RK272-05726 (RF272-54378) is hereby granted as set forth in Paragraph 3 below.

(3) 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 $143 to

Paul Stockwell

c/o Iron Works, Inc.

11001 Sutter Avenue

Pacoima, CA 91331

(4) The funds shall be disbursed from the escrow fund denominated

Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of Treasury.

(5) To facilitate the payment of any 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

(6) 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.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: December 12, 2001