Case No. RR272-00295

October 17, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Applicant: West Valley Farmers Cooperative

Date of Filing: June 4, 1997

Case Number: RR272-00295

On March 10, 1997, the Office of Hearings and Appeals (OHA) of the Department of Energy issued a Decision and Order granting a Subpart V crude oil refund in the amount of $19,571 to West Valley Farmers Cooperative (West Valley). West Valley Farmers Cooperative, Case No. RF272-94614 (March 10, 1997). That refund was based on West Valley’s original submission on April 1, 1993, of 12,232,066 gallons of eligible products during the refund period.

On June 4, 1997, West Valley filed a Motion for Reconsideration requesting that OHA issue an additional check based on a revised statement of usage submitted on June 7, 1994. In that revision, certified by its general manager, West Valley indicated that its actual usage during the refund period was 17,689,879 gallons, an increase of 5,457,813 gallons over the amount applied in the March 10, 1997 Decision.

We have conducted a de novo review of West Valley’s file in Case No. RF272-94614. The file contains a revised statement of gallons sold to members, certified by West Valley’s general manager and based on annual audits for the years 1973 through 1981. Therefore, we find that the previous Decision and Order does not accurately reflect West Valley’s most recent submission and OHA will revise the Decision made in West Valley Farmers Cooperative.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on March 10, 1997, West Valley Farmers Cooperative, is hereby revised.

(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 supplemental refund check in the amount of $8,733 to the applicant at the address specified below:

Mike Jamison

West Valley Farmers Cooperative

c/o Wilco Farmers

200 Industrial Way

P.O. Box 258

Mt. Angel, OR 97362

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

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: October 17, 2001

Appendix

CASE NO. APPLICANT CONTACT STREET CITY/STATE VOLUME REFUND
RR272-00295WEST VALLEY FARMERSC/O MIKE JAMISON 200 INDUSTRIAL WAYMOUNT ANGEL, OR 97362    5,457,813$8,733
TOTALS:1 5,457,813 $8,733