Case No. RF272-80977

April 04, 2002

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Marion Public Schools, et al.

Dates of Filings: August 27, 1990, et al.

Case Numbers: RF272-80977, et al.

This Decision and Order considers and ultimately grants ten Applications for Refund, releasing a total of $23,388 in the Subpart V crude oil refund proceeding. The names of the ten 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 14,616,463 gallons and the sum of the refunds granted is $23,388.

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 $23,388 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: April 4, 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. APPLICANT CONTACT  ADDRESS CITY/STATE VOLUME REFUND
RF272-80977MARION PUBLIC SCHOOLS OR PETROLEUM FUNDS, INC. C/O BUSINESS MANAGERPO BOX 1380PARIS, TN 382429986 647,240$1,036
RF272-81006RICHLAND SPRINGS I.S.D. OR PETROLEUM FUNDS, INC. C/O SUSAN GOSSETTPO BOX 1380PARIS, TN 382429986 135,326$217
RF272-95903PLAINFIELD BD. EDUCATIONOR PETROLEUM FUNDS, INC. C/O GARY OTTMANPO BOX 1380PARIS, TN 382429986 3,831,600 $6,131
RF272-95915CLINTON COUNTY OR PETROLEUM FUNDS, INC. C/O DEBBIE DUVALLPO BOX 1380PARIS, TN 382429986 148,800$238
RF272-95922JASPER CITY SCHOOL DIST.OR PETROLEUM FUNDS, INC. C/O PHILLIP WOODSPO BOX 1380PARIS, TN 382429986 80,940$130
RF272-95923CITY OF BELLAIRE OR PETROLEUM FUNDS, INC. C/O LAWRENCE R. GRESSPO BOX 1380PARIS, TN 382429986 260,140$416
RF272-96146VILLAGE OF DOBBS FERRY   C/O JAMES W. DUNN112 MAIN ST.DOBBS FERRY, NY 10522    479,307 $767
RF272-96196COOP GRAIN & SUPPLY CO.OR ENERGY REFUNDS, INC. C/O LINDA K. COX31 SMALL LANEHARDIN, KY 42048    4,891,674 $7,827
RG272-01103EXHIBITORS FILM DELIVERYOR MCMICKLE & EDWARDS C/O EARL E. JAMESON IIIPO BOX 221145MEMPHIS, TN 38122    4,040,207 $6,464
RG272-01104ROSITA SAND & GRAVEL, INC.OR WILSON, KELLER & ASSOCIATES C/O FRANCISCO GUERRA JR.PO BOX 221145MEMPHIS, TN 38122    101,229 $162
TOTALS: 10      14,616,463 $23,388