Case No. RF272-15095

June 6, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:New Mexico Paving Co., et al.

Dates of Filing: December 7, 1987, et al.

Case Numbers: RF272-15095, et al.

This Decision and Order grants to 15 Applicants refunds in the Subpart V crude oil special refund proceeding. The names of these claimants 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 (the crude oil price control period).

In the past, purchasers of refined petroleum products could apply for refunds from crude oil overcharge funds collected by the DOE from firms that sold crude oil during the price control period. Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986); 10 C.F.R. Part 205. The Office of Hearings and Appeals has established refund procedures for these funds. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987).

The refund procedures presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE's or its predecessors' price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). The Applicants in this case are end-users of refined petroleum products. The Applicants claim, based upon estimates and actual records, that they purchased a total of 57,727,205 gallons of petroleum products during the period of price controls.(1)

Each Applicant used these products to operate a business, county, or city. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $92,363 is warranted. The amount each Applicant will receive is listed in the Appendix to the Decision and Order. It is the policy of the DOE to pay all crude oil refund claims that were filed by June 30, 1995, the final deadline for the crude oil

proceeding, at the rate of $.0016 per gallon. We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we know how much money is remaining after all outstanding enforcement proceedings are resolved.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the 15 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 a total of $92,363 from the DOE deposit fund escrow account denominated Crude Tracking - Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury. The checks for the Applicants listed on Appendix shall be made payable to the Applicants and shall be sent to the addresses listed on 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 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

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 materials submitted by the Applicants. These determinations may be revoked or modified at any time upon a finding that the basis underlying any 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: June 6, 2001

(1)Interested parties were provided with an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any Application considered in this Decision.

Appendix

CASE NO. APPLICANT CONTACT STREET ADDRESSCITY/STATEVOLUME REFUND
RF272-15095NEW MEXICO PAVING CO. OR KENT NOWLIN 321 RIGNEY LANE MORRISON, TN 37357    29,158,860 $46,654
RF272-75044ISOM FARM SUPPLY, INC. OR WAYNE ISOM PO BOX 97NEELYVILLE, MO 63954    2,545,016 $4,072
RF272-75445MARATHON ELECTRIC MFG. CORP.C/O DAVID EISENREICH PO BOX 8003WAUSAU, WI 54402    5,040,250 $8,064
RF272-75523NATIONAL ENQUIRER ATTN: MARK BROCKELMAN 5401 N.W. BROKEN SOUND BLVD.BOCA RATON, FL 3348735891,957,855 $3,133
RF272-75650REMINGTON BUILDING PRODUCTSOR TRACY JOHNSON 5818 ELAM RD.MILLEN, GA 30442    779,166 $1,247
RF272-76002B & D MILLS, INC. OR BILL DEACON OR DEACON ENTERPRISES213A W. HUDGINS GRAPEVINE, TX 76051    874,355 $1,399
RF272-86356CITY OF GALENA PARK ATTN: CITY ADMINISTRATION C/O JOHN COOPERPO BOX 46GALENA PARK, TX 77547    1,145,741 $1,833
RF272-86474PUTNAM COUNTYBD. OF COMMISSIONERS C/O STEVE H. LAYSON108 S. MADISON AVE., #301EATONTON, GA 31024    360,847 $577
RF272-89027MINNESOTA-WISCONSIN TRUCK LINEOR BRUCE C. FAULKEN, ESQ.  325 CEDAR ST., #300ST. PAUL, MN 55101    5,550,930 $8,881
RF272-89034SCHUYLER COUNTY C/O COUNTY TREASURER 105 9TH ST., UNIT 17 WATKINS GLEN, NY 14891    523,504 $838
RF272-89216NORTH BERGEN BD. EDUCATION  7317 KENNEDY BLVD. NORTH BERGEN, NJ 07047    4,401,618 $7,043
RF272-89488LOCKRIDGE CONSTRUCTION OR RAY LOCKRIDGE  188 WOODLAND VALLEY RD. LAWRENCEVILLE, GA 30045    808,623 $1,294
RF272-98847OHIO VALLEY ALUMINUM CO., INC.OR J.S. HOLMES  1100 BROOKS INDUSTRIAL RD.SHELBYVILLE, KY 40065    363,253 $581
RF272-98849EMDE CO.OR JOSEPH SACRA  PO BOX 630218HOUSTON, TX 77263    408,250 $653
RF272-98899INTERSTATE BRANDS CORP. C/O ART SIMONS, CNTRL. FKA/ COTTON BROTHERS BAKING CO.PO BOX 5405ALEXANDRIA, LA 71307    3,808,937 $6,094
TOTALS: 15      57,727,205 $92,363