Case No. RF272-94303

September 12, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Canoochee Electric Membership, et al.

Date of Filings: February 22, 1993, et al.

Case Numbers: RF272-94303, et al.

This Decision and Order considers and ultimately grants, in whole or in part, six Applications for Refund, releasing a total of $2,472 in the Subpart V crude oil refund proceeding. The names of the six 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 (DOE) 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 six 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. 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.(1) The total volume for which refunds are approved in this Decision is 1,545,398 gallons and the sum of the refunds granted is $2,472.

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 after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

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.

(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 the 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: September 12, 2001

(1)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 ADDRESSCITY/STATEVOLUME REFUND
RF272-94303CANOOCHEE ELECTRIC MEMBERSHIPC/O DAVID CREWS  PO BOX 487REIDSVILLE, GA 30453    291,814 $467
RF272-94349SCHUBERT DISTRIBUTING CO., INCC/O DEN SWEENEY  1464 EASTWOOD DR. SEGUIN, TX 78155    297,772 $476
RF272-94354NEW HAMPSHIRE DISTRIBUTINGC/O TOM BROWN  PO BOX 267CONCORD, NH 03301    214,419 $343
RF272-94377ANDERSON BROTHERS FARMS OR ANDERSON & SON FARM C/O M.R. ANDERSON1000 PINELAND DR. YAZOO CITY, MS 39194    251,936 $403
RF272-94383GOODHUE LUMBER CO., INC.C/O KEEVIN GELLER  PO BOX 280SHARON, MA 02067    210,561 $337
RF272-94391PLANTERS DUSTING SERVICE, INC.OR ROY D. CARNAHAN  5 LIZARD RD.OXFORD, MS 38655    278,896 $446
TOTALS:6       1,545,398 $2,472