Case No. RF272-81044

July 17, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Hillsboro City Ind. Sch. Dist., et al.

Dates of Filings: August 12, 1994, et al.

Case Numbers: RF272-81044, et al.

This Decision and Order considers and ultimately grants five Applications for Refund, releasing a total of $14,967 in the Subpart V crude oil refund proceeding. The names of the five applicants are set forth in the Appendix to this Decision and Order. Each applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and each 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). Each 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 five applicants and determined that each was an end-user of eligible petroleum products.(1) Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision.1/(1) The total volume for which refunds are approved in this Decision is 9,353,946 gallons and the sum of the refunds granted is $14,967.

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 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 the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to the applicants. Refund checks totaling $14,967 shall be sent to the applicants or their representatives at the addresses set forth 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 the refund applications is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date:July 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 CONTACT STREET ADDRESSCITY/STATEVOLUME REFUND
RF272-81044HILLSBORO CITY IND. SCH DISTOR PETROLEUM FUNDS, INC. C/O BEVERLY D. RHOADSPO BOX 1380PARIS, TN 382429986 1,356,007 $2,170
RF272-81069GRANTS PASS SCH DIST. 007OR PETROLEUM FUNDS, INC. C/O JOHN HIGGINSPO BOX 1380PARIS, TN 382429986 2,264,179 $3,623
RF272-81189WILLIAM PENN SCHOOL DIST.OR PETROLEUM FUNDS, INC. C/O RICHARD ULMERPO BOX 1380PARIS, TN 382429986 4,277,131 $6,843
RF272-94993SOUTHERN CAST STONE CO. OR WILSON, KELLER & ASSOCIATES SOUTHEAST PRECAST CORP.PO BOX 221145MEMPHIS, TN 38122    551,070 $882
RF272-96825LEVY COUNTYOR PETROLEUM FUNDS, INC. C/O BD. OF COMMISSIONERSPO BOX 1380PARIS, TN 382429986 905,559 $1,449
TOTALS:5       9,353,946 $14,967