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 ADDRESS CITY/STATE VOLUME REFUND RF272-80794 OSCEOLA SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O FRANK ROWLEY PO BOX 1380 PARIS, TN 382429986 249,377 $399 RF272-80891 LAKELAND SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O YVONNE WARGO PO BOX 1380 PARIS, TN 382429986 1,544,519 $2,471 RF272-80916 S. MISSISSIPPI CNTY SCH DIST. OR PETROLEUM FUNDS, INC. C/O HAROLD CUMMINGS PO BOX 1380 PARIS, TN 382429986 192,184 $307 RF272-80951 HARDIN ELEM #17-H OR PETROLEUM FUNDS, INC. C/O DON GILBERTSON PO BOX 1380 PARIS, TN 382429986 663,108 $1,061 RF272-81168 PHELPS CLFTN SPRINGS CENT SCH OR PETROLEUM FUNDS, INC. C/O MIKE FORD PO BOX 1380 PARIS, TN 382429986 3,722,010 $5,955 RF272-81199 RIDGELAND SCHOOL DIST. 122 OR PETROLEUM FUNDS, INC. C/O WALTER PLEZIAK PO BOX 1380 PARIS, TN 382429986 1,548,391 $2,477 RF272-95941 DOWNERS GROVE GRADE SCHOOL OR PETROLEUM FUNDS, INC. C/O VICKI NISSEN PO BOX 1380 PARIS, TN 382429986 677,828 $1,085 RF272-95956 EFFINGHAM COMM UNIT SCHL DIST. C/O DEAN KELLER PO BOX 130, 1000 W. GROVE ST. EFFINGHAM, IL 62401 743,486 $1,190 RF272-95998 TILLAMOOK COUNTY OR PETROLEUM FUNDS, INC. C/O AARON SUCKO PO BOX 1380 PARIS, TN 382429986 1,324,320 $2,119 RR272-00269 DOUGLAS COUNTY SCHOOL DIST. C/O SCOTT BENEFIELD 2805 N. HWY. 85 CASTLE ROCK, CO 80104 2,511,122 $4,018 TOTALS: 10 13,176,345 $21,082