Case No. RF272-84874September 4, 2001
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Park Hill R-5 School Dist., et al.
Dates of Filings: December 10, 1990, et al.
Case Numbers: RF272-84874, et al.
This Decision and Order considers and ultimately grants seven Applications for Refund, releasing a total of $22,550 in the Subpart V crude oil refund proceeding. The names of the seven 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 seven 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 14,094,066 gallons and the sum of the refunds granted is $22,550.
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 $22,550 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: September 4, 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 ADDRESS CITY/STATE VOLUME REFUND RF272-84874 PARK HILL R-5 SCHOOL DIST. C/O JEANNE MCDOWELL 7703 N.W. BARRY RD. KANSAS CITY, MO 64153 3,632,472 $5,812 RF272-93877 GARDEN DRILLING CO. OR ALLEN MEADOR 4609 COUNTRY FARM RD. SALEM, IL 62881 43,166 $69 RF272-94093 FOSTA-TEK OPTICS, INC. C/O KAREN OLIVARI 320 HAMILTON ST. LEOMINSTER, MA 01453 9,075,344 $14,521 RF272-95953 DOLORES COUNTY OR PETROLEUM FUNDS, INC. C/O DONNA BINGHAM PO BOX 1380 PARIS, TN 382429986 379,663 $607 RF272-95961 TOWNSHIP OF WADE OR PETROLEUM FUNDS, INC. C/O RONALD SWICK PO BOX 1380 PARIS, TN 382429986 595,200 $952 RF272-96168 HARMONY GROVE SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O HAROLD DAVIDSON PO BOX 1380 PARIS, TN 382429986 109,626 $175 RF272-96192 CLINTON BD. OF EDUCATION OR PETROLEUM FUNDS, INC. C/O ROSEMARY FAULKNER PO BOX 1380 PARIS, TN 382429986 258,595 $414 TOTALS: 7 14,094,066 $22,550 >
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