Case No. RF272-95944
August 20, 2001
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Posey County, Indiana, et al.
Dates of Filings: May 16, 1994, et al.
Case Numbers: RF272-95944, et al.
This Decision and Order will consider Applications for Refund filed by six claimants that purchased refined petroleum products during the period August 19, 1973, through January 27, 1981. Each applicant listed in the Appendix attached to this Decision and Order 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).
In order to receive a refund for crude oil overcharges, an applicant generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. Applicants that were end- users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).
The amount of an applicant's refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 18,938,728 gallons and the sum of the refunds granted is $30,301.
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 4, Account No. 999DOE010Z, to the applicants listed 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 a 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:August 20, 2001
Appendix
Posey County, Indiana, et al.
Case Nos. RF272-95944, et al.
Case No.
Applicant/Contact
Volume
Refund
RF272-95944
Posey County, Indiana
2,132,661
$3,412
OR Petroleum Funds, Inc.
c/o Bobbie Brown
P.O. Box 1380
Paris, TN 38242-9986
RF272-95952
Effingham County, Illinois
2,367,177
$3,787
OR Petroleum Funds, Inc.
c/o Bobbie Brown
P.O. Box 1380
Paris, TN 38242-9986
RF272-95960
Van Zandt County, Texas
11,863,177
$18,981
OR Petroleum Funds, Inc.
c/o Bobbie Brown
P.O. Box 1380
Paris, TN 38242-9986
RF272-95964
Troutdale, Oregon
198,142
$317
OR Petroleum Funds, Inc.
c/o Bobbie Brown
P.O. Box 1380
Paris, TN 38242-9986
RF272-95989
Quachita Parish School Board
2,008,800
$3,214
OR Petroleum Funds, Inc.
c/o Bobbie Brown
P.O. Box 1380
Paris, TN 38242-9986
RF272-95999
Franklin-Essex-Hamilton BOCES
368,771
$590
OR Petroleum Funds, Inc.
c/o Bobbie Brown
P.O. Box 1380
Paris, TN 38242-9986
TOTALS
6 Applicants
18,938,728
$30,301