Case No. RF272-94379

February 26, 2002

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Coca-Cola Bottling Co., et al.

Dates of Filings: March 1, 1993, et al.

Case Numbers: RF272-94379, et al.

This Decision and Order considers and ultimately grants seven Applications for Refund, releasing a total of $512,447 in the Subpart V crude oil refund proceeding. The names of the seven 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 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 seven 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. (1) 1/ 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. 2/(2) The total volume for which refunds are approved in this Decision is 320,279,294 gallons and the sum of the refunds granted is $512,447.

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, as we near the resolution of the remaining open claims, whether any further payment is appropriate.

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 or their representatives. Refund checks totaling $512,447 shall be sent to the applicants or their representatives at the addresses indicated in the Appendix to this Decision and Order.

(3) To facilitate the payment of any 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 applications is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: February 26, 2002

(1)Some of the applications under consideration were submitted by private filing services.

(2)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. APPLICANTCONTACT STREET ADDRESSCITY/STATE VOLUME REFUND
RF272-94379 COCA-COLA BOTTLING CO.   C/O RUSSELL MONTGOMERYPO BOX 600OAKLAND, KY 42149    261,957$419
RF272-94881INLAND SERVICESOR WILSON, KELLER & ASSOCIATES C/O FRANK POMPONIOPO BOX 221145MEMPHIS, TN 38122    676,077$1,082
RF272-96170THE DALLES SCHOOL DIST. #12 OR PETROLEUM FUNDS, INC. C/O DONALD C. KNOWLESPO BOX 1380PARIS, TN 382429986205,865$329
RF272-96519WHEATLAND OIL CO.  C/O ROGER V. CLEMENTPO BOX 1032ENID, OK 73702    110,340$177
RR272-00135TERRA INDUSTRIES, INC. AND WILLIAM L. WALTON & ASSOCIATES, INC C/O JAN S. BECK10501 WILSHIRE BLVD.LOS ANGELES, CA 90024    58,304,988$93,288
RR272-00147 TEXAS FUEL & ASPHALT, INC.AND WILLIAM L. WALTON & ASSOCIATES, INC. C/O L. DOUGLAS STENGEL10501 WILSHIRE BLVD. LOS ANGELES, CA 90024    231,138,605$369,822
RR272-00149J.J. FERGUSON SAND & GRAVELAND WILLIAM L. WALTON & ASSOCIATES, INC. C/O GERALD JOHNSON10501 WILSHIRE BLVD.LOS ANGELES, CA 90024    29,581,462$47,330
TOTALS:7 320,279,294$512,447