Case No. RF272-94615

May 09, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Grange Co-op Supply Assn.

Date of Filings: April 1, 1993

Case Numbers: RF272-94615

This Decision and Order considers and ultimately grants the Application for Refund, releasing a total of $23,965 in the Subpart V crude oil refund proceeding, that was filed on behalf of Grange Co-op Supply Association (the Applicant). The Applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy (DOE) pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The Applicant relies on the presumption of injury for end-users as the basis for its refund claim. Under this presumption, OHA will presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by the Applicant and determined that it was an end- user of eligible petroleum products. The Applicant, an agricultural cooperative, derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. The application is based on petroleum products that the cooperative purchased for resale to the farmers who were its members. We regard a refund application filed by a cooperative that resold petroleum products to its members as a claim filed on behalf of the members themselves. Farmers Union Oil Co., 17 DOE ¶ 85,464 (1988). A cooperative can thus claim the presumption of end-user injury to the extent that its members were end-users. The cooperative has certified that it will pass through any refund received to its members. Consequently, on this basis we will grant a refund to the cooperative based on products resold to members.

After considering the Application carefully, we have concluded that refunds are warranted for the purchase volume and in the amount set forth in the Appendix attached to the Decision. (1) We have reduced the applicant’s approved gallonage claim by the percentage of petroleum sales to non- members during the refund period (37%). The total volume for which the refund is approved in this Decision is 14,978,267 gallons and the sum of the refund granted is $ 23,965.

The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

It Is Therefore Ordered That:

(1) The Application for Refund filed by the claimant listed in the Appendix to this Decision and Order for all available crude oil overcharge funds is 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 amount of $23,965 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 Applicant at the address listed in the Appendix.

(3) To facilitate the payment of future refunds, the applicant 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 applicant. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying the 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: May 09, 2001

Case Number

Applicant

Address

Volume

(gallons)

Refund Amount

RF272-94663

Grange Co-op Supply Association or

Energy Refunds, Inc.

31 Small Lane

Hardin, KY

42048

14,978,267

$23,965

TOTAL

1 Applicant

14,978,267

$23,965

(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 CONTACT STREET ADDRESSCITY/STATEVOLUME REFUND
RF272-94615GRANGE CO-OP SUPPLY ASSN.C/O BARRY ROBINO  PO BOX 3637CENTRAL POINT, OR 97502 14,978,267 $23,965
TOTALS:1       14,978,267 $23,965