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 ADDRESS CITY/STATE VOLUME REFUND RF272-15095 NEW MEXICO PAVING CO. OR KENT NOWLIN 321 RIGNEY LANE MORRISON, TN 37357 29,158,860 $46,654 RF272-75044 ISOM FARM SUPPLY, INC. OR WAYNE ISOM PO BOX 97 NEELYVILLE, MO 63954 2,545,016 $4,072 RF272-75445 MARATHON ELECTRIC MFG. CORP. C/O DAVID EISENREICH PO BOX 8003 WAUSAU, WI 54402 5,040,250 $8,064 RF272-75523 NATIONAL ENQUIRER ATTN: MARK BROCKELMAN 5401 N.W. BROKEN SOUND BLVD. BOCA RATON, FL 334873589 1,957,855 $3,133 RF272-75650 REMINGTON BUILDING PRODUCTS OR TRACY JOHNSON 5818 ELAM RD. MILLEN, GA 30442 779,166 $1,247 RF272-76002 B & D MILLS, INC. OR BILL DEACON OR DEACON ENTERPRISES 213A W. HUDGINS GRAPEVINE, TX 76051 874,355 $1,399 RF272-86356 CITY OF GALENA PARK ATTN: CITY ADMINISTRATION C/O JOHN COOPER PO BOX 46 GALENA PARK, TX 77547 1,145,741 $1,833 RF272-86474 PUTNAM COUNTY BD. OF COMMISSIONERS C/O STEVE H. LAYSON 108 S. MADISON AVE., #301 EATONTON, GA 31024 360,847 $577 RF272-89027 MINNESOTA-WISCONSIN TRUCK LINE OR BRUCE C. FAULKEN, ESQ. 325 CEDAR ST., #300 ST. PAUL, MN 55101 5,550,930 $8,881 RF272-89034 SCHUYLER COUNTY C/O COUNTY TREASURER 105 9TH ST., UNIT 17 WATKINS GLEN, NY 14891 523,504 $838 RF272-89216 NORTH BERGEN BD. EDUCATION 7317 KENNEDY BLVD. NORTH BERGEN, NJ 07047 4,401,618 $7,043 RF272-89488 LOCKRIDGE CONSTRUCTION OR RAY LOCKRIDGE 188 WOODLAND VALLEY RD. LAWRENCEVILLE, GA 30045 808,623 $1,294 RF272-98847 OHIO VALLEY ALUMINUM CO., INC. OR J.S. HOLMES 1100 BROOKS INDUSTRIAL RD. SHELBYVILLE, KY 40065 363,253 $581 RF272-98849 EMDE CO. OR JOSEPH SACRA PO BOX 630218 HOUSTON, TX 77263 408,250 $653 RF272-98899 INTERSTATE BRANDS CORP. C/O ART SIMONS, CNTRL. FKA/ COTTON BROTHERS BAKING CO. PO BOX 5405 ALEXANDRIA, LA 71307 3,808,937 $6,094 TOTALS: 15 57,727,205 $92,363