Case No. RF272-80794

November 7, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Osceola School Dist., et al.

Dates of Filings: August 23, 1990, et al.

Case Numbers: RF272-80794, et al.

This Decision and Order considers and ultimately grants 10 Applications for Refund, releasing a total of $21,082 in the Subpart V crude oil refund proceeding. The names of the 10 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 all 10 applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. (1) 1/ 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. 2/(2) The total volume for which refunds are approved in this Decision is 13,176,345 gallons and the sum of the refunds granted is $21,082.

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, as we near the resolution of the remaining open claims, whether any further payment is appropriate.

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 or their representatives. Refund checks totaling $21,082 shall be sent to the applicants or their representatives at the addresses indicated in the Appendix to this Decision and Order.

(3) To facilitate the payment of any 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: November 7, 2001

(1)Some of the applications under consideration were submitted by private filing services.

(2)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
RF272-80794OSCEOLA SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O FRANK ROWLEYPO BOX 1380PARIS, TN 382429986 249,377 $399
RF272-80891LAKELAND SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O YVONNE WARGOPO BOX 1380PARIS, TN 382429986 1,544,519 $2,471
RF272-80916S. MISSISSIPPI CNTY SCH DIST.OR PETROLEUM FUNDS, INC. C/O HAROLD CUMMINGSPO BOX 1380PARIS, TN 382429986 192,184 $307
RF272-80951HARDIN ELEM #17-H OR PETROLEUM FUNDS, INC. C/O DON GILBERTSONPO BOX 1380PARIS, TN 382429986 663,108 $1,061
RF272-81168PHELPS CLFTN SPRINGS CENT SCHOR PETROLEUM FUNDS, INC. C/O MIKE FORDPO BOX 1380PARIS, TN 382429986 3,722,010 $5,955
RF272-81199RIDGELAND SCHOOL DIST. 122OR PETROLEUM FUNDS, INC. C/O WALTER PLEZIAKPO BOX 1380PARIS, TN 382429986 1,548,391 $2,477
RF272-95941DOWNERS GROVE GRADE SCHOOLOR PETROLEUM FUNDS, INC. C/O VICKI NISSENPO BOX 1380PARIS, TN 382429986 677,828 $1,085
RF272-95956EFFINGHAM COMM UNIT SCHL DIST.  C/O DEAN KELLERPO BOX 130, 1000 W. GROVE ST.EFFINGHAM, IL 62401    743,486 $1,190
RF272-95998TILLAMOOK COUNTY OR PETROLEUM FUNDS, INC. C/O AARON SUCKOPO BOX 1380PARIS, TN 382429986 1,324,320 $2,119
RR272-00269DOUGLAS COUNTY SCHOOL DIST.  C/O SCOTT BENEFIELD2805 N. HWY. 85 CASTLE ROCK, CO 80104    2,511,122 $4,018
TOTALS:10       13,176,345 $21,082