Case No. RK272-05602

February 23, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Louise Trausch, et al.

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

Case Numbers: RK272-05062, 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 14 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 14 claimants is $9,593.

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 $9,593 to the 14 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 23, 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/FIRMSTREET ADDRESS CITY/STATEVOLUMEREFUND RF NUM
RK272-05062LOUISE TRAUSCH  HAVEN HOME, 100 W. ELM KENESAW, NE 68956 84,995$68RF272-33188
RK272-05287MILLER SCHOOLC/O CATHERINE T. MUMMAU 1000 SAMUEL MILLER LOOPCHARLOTTESVILLE, VA 22903694,151 $555RF272-56745
RK272-05297ANGELICA TEXTILE SERVICES C/O LAWRENCE CURTIS JR. 482 PAWTUCKET RD. PAWTUCKET, RI 02860855,074$684RF272-48371
RK272-05377LEE MEMORIAL HEALTH SYSTEM C/O MIKE BERKLEY 636 DEL PRADO BLVD.CAPE CORAL, FL 33990 102,900$82RF272-32444
RK272-05428ST. CLARE'S HOSPITAL/DOVER C/O S.C. IANNACCONE 400 W. BLACKWELL ST. DOVER, NJ 07801 3,700,572$2,960RF272-54249
RK272-05452DAVID TRIBBLE  596 LAWRENCE 612 WALNUT RIDGE, AR 72476 272,910$218RF272-58280
RK272-05501BARNEY R. SCROGGINS  667 KEARNEY PARK RD.FLORA, MS 39071 287,742$230RF272-55971
RK272-05562WEST JASPER SCHOOL DISTRICT C/O MARY L WALTERS, ED.D. PO BOX 610 BAY SPRINGS, MS 39422 824,183$659RF272-48893
RK272-05565MIDDLETON BUILDING SUPPLY, INC C/O MARCELLA PERRY 5 KINGS HWY. MIDDLETON, NH 03887833,209$667RF272-65771
RK272-05566NELSON COUNTY HEALTH SYSTEM C/O JIM OPDAHL PO BOX 367 MCVILLE, ND 58254-0367 182,000$146RF272-34094
RK272-05588EDWARD LAMPSA, JR.  PO BOX 177 PALMYRA, WI 53156 827,323$662RF272-62785
RK272-05592JANICE KOPNICKY  1420 ANDREA DR. BAY CITY, TX 77414 421,640$337RF272-52478
RK272-05609WESTEK, INC.C/O BOB JOHNSON PO BOX 391, 325 GOODRICH AVE.THOMASTON, GA 302862,828,297 $2,263RF272-38394
RK272-05722ESTATE OF DOMINICK MANISCALCO C/O ANTHONY MANISCALCO 117 70TH ST. BROOKLYN, NY 11209 77,036$62RF272-65149
TOTALS:14    11,992,032 $9,593