Case No. RK272-02477

March 26, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Petitioners:Morsoritz & Sons of Florida, et al.

Dates of Filing: August 16, 1995, et al.

Case Numbers: RK272-02477, et al.

Pursuant to the long-standing policy of the Department of Energy (DOE), thousands of purchasers of petroleum products have applied for, and been granted, refunds from crude oil overcharge funds under jurisdiction of the DOE's Office of Hearings and Appeals (OHA). See Statement of Modified Restitutionary Policy To Be Implemented In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil funds are set forth at 10 C.F.R. Part 205, Subpart V.

The OHA has approved more than 87,000 requests for refund from the pool of crude oil overcharge funds. In Subpart V crude oil refund cases, a claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period from August 19, 1973 through January 27, 1981, multiplied by a per gallon amount. That per gallon refund amount is derived by dividing the total refund monies available by the total U.S. consumption of petroleum products during the crude oil price control period. Refunds had been calculated by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor had been in use since April 1989, when it replaced an earlier volumetric factor of $0.0002 per gallon. Any applicant who received a refund at the lower volumetric factor has also received a supplemental refund based on an additional $0.0006 per gallon. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).

Additional crude oil overcharge funds have become available for disbursement and we can now issue additional refund checks to applicants. Sufficient funds are available to pay applicants at a new, aggregate rate of $0.0016 per gallon.(1) Thus, the amount of the supplemental refund will be equal to the refund already received. Refunds are rounded to the nearest dollar.

In order to receive a supplemental refund check, applicants are being required to verify (directly or through their representatives) that their name and address in our records are correct, to correct any information that is not accurate, and to indicate whether there has been any change in circumstances affecting the payment of the refund. We intend to issue a series of Decision and Orders approving supplemental refunds as we receive completed verification forms from all applicants or certifications from their representatives.

The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. In each case, we were informed that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-)(2) and investigated whether the individual or firm that submitted the verification form (or upon whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds. (3) The Appendix also indicates the dollar amount of the supplemental refund for each applicant. The total amount of additional refunds being approved in this Order for the benefit of 23 recipients is $35,822.

It Is Therefore Ordered That:

(1) 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 supplemental refund to each Crude Oil Refund Recipient set forth in the Appendix to this Order.

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of the Treasury.

(3) To facilitate the payment of future refunds, an applicant 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) Any conditions that applied to an applicant's receipt of the initial crude oil refund shall also apply to that applicant's receipt of this supplemental refund.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date:March 26, 2001

(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

(2)The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.

(3)In a number of instances, we were informed that a firm had been dissolved and that each of the former owners wished to receive an individual refund check. Therefore, each owner was assigned a separate RK272- case number, and the approved volume claim was allocated to each owner based on the percentage of his or her ownership interest. In this Decision, the original RF272-number was assigned several RK272-numbers as follows: RF272-70582 (RK272-03567 and RK272-04987). If there are any future disbursements of crude oil funds, these cases will be known by their RK272-numbers, and refunds will be disbursed based on their current gallonage amounts.

Appendix

CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESSCITY/STATEVOLUME REFUND RF NUM
RK272-02477MORSORITZ & SONS OF FLORIDAC/O L.H. MAURER  PO BOX 41565JACKSONVILLE, FL 32203 125,617$100 RF272-91019
RK272-02614DARRIEL A. MALLARD    1468 OGEECHEE RD. SYLVANIA, GA 30467 194,779$156 RF272-69611
RK272-02969THUMS LONG BEACH CO. C/O DAVE R. FOUST  PO BOX 2900LONG BEACH, CA 90801-29003,267,740 $2,614RF272-76240
RK272-03005VIRGINIA A. STEAGALL    681 W. SANBORN  ST.GALESBURG, IL 61401 307,200$246 RF272-68103
RK272-03016INSTITUTE OF PENN. HOSPITALOR PENNSYLVANIA HOSPITAL  800 SPRUCE ST.PHILADELPHIA, PA 19107 6,225,821 $4,981RF272-86029
RK272-03021LOIS RAAUM   BOX 501 CULBERTSON, MT 59218 160,468$128 RF272-72029
RK272-03035HUGH R. SOUTHERN    27636 N. 32ND AVE. PHOENIX, AZ 85027 223,200$179 RF272-70270
RK272-03041WHEATON, INC.C/O ROSAMOND E. BANGERT  1101 WHEATON AVE. MILLVILLE, NJ 08332 2,711,736 $2,169RF272-65911
RK272-03045BILLY JOE RAGLAND    PO BOX 129BENTONIA, MS 39040 174,107$139 RF272-94212
RK272-03090ILENE WULFE   PO BOX 430SALEM, SD 57058 1,132,726 $906RF272-74484
RK272-03096CHARLES R. HURD    PO BOX 3021PADRE ISLAND, TX 78597 1,965,000 $1,572RF272-69481
RK272-03158REEDMAN CORPS. C/O EUGENE F. WHITAKER  PO BOX 3004, U.S. RT. 1 LANGHORNE, PA 19047-30042,988,557 $2,391RF272-75579
RK272-03173ORVILLE BORNBACH    EP1223 EQUITY ST. STRATFORD, WI 54484 88,536$71 RF272-72888
RK272-03193ERNEST IMEL SHEET METAL WORKSC/O DAVID IMEL  8624 SOUTH ST.FISHERS, IN 46038 181,710$145 RF272-74259
RK272-03359MARTIN EXPLORATION MGMT. CO.C/O THOMAS A. FLOYD  PO BOX 298BLUE ISLAND, IL 60406 580,692$465 RF272-66025
RK272-03567BERNARD K. CHADD    2707 MARALANEDODGE CITY, KS 67801 114,335$91 RF272-70582
RK272-03796ERNEST SCARBOROUGH    PO BOX 14553SCOTTSDALE, AZ 85267 16,275,000 $13,020RF272-65833
RK272-03912FARMERS UNION COOP ASSN.C/O LOIS SHUCK  PO BOX 687LAWRENCE, KS 66044 3,994,971 $3,196RF272-78261
RK272-03938KENNETH H. HARRIS    1111 MOORESVILLE PIKE COLUMBIA, TN 38401 428,583$343 RF272-75262
RK272-04102HANOVER TOWING, INC. C/O W.W. MURRELL JR.  PO BOX 1152WILMINGTON, NC 28402 1,222,220 $978RF272-77332
RK272-04194RACINE ELEVATOR CO. C/O PAUL THOMPSON  PO BOX 37RACINE, MN 55967 1,715,843 $1,373RF272-68114
RK272-04285ERNEST E. CRAFT    1826 AUTUMN AVE. MEMPHIS, TN 38112 584,620$468 RF272-92475
RK272-04987JOYCE B. CHADD   412 BELMONT RD. PRATT, KS 67124 114,335$91 RF272-70582
TOTALS:23       44,777,796 $35,822