January 16, 2004

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: WKR Corporation DBA Yellow Cab

Dates of Cases: January 7, 2004

Case Numbers: RK272-05729

Pursuant to the long-standing policy of the Department of Energy (DOE), thousands of purchasers of petroleum products have applied for, and been granted, refunds from crude oil overcharge funds under the jurisdiction of the DOE’s Office of Hearings and Appeals (OHA). See Statement of Modified Restitutionary Policy To Be Implemented In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil funds are set forth at 10 C.F.R. Part 205, Subpart V.

The OHA has approved more than 87,000 requests for refund from the pool of crude oil overcharge funds. In Subpart V crude oil refund cases, a claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period from August 19, 1973 through January 27, 1981, multiplied by a per gallon amount. That per gallon refund amount is initially derived by dividing the total refund monies available by the total U.S. consumption of petroleum products during the crude oil price control period. Refunds had been calculated by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor had been in use since April 1989, when it replaced an earlier volumetric factor of $0.0002 per gallon. Any applicant who received a refund at the lower volumetric factor also received a supplemental refund based on an additional $0.0006 per gallon. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).

In 1995, additional crude oil overcharge funds become available for disbursement and we can now issue additional refund checks to applicants. Sufficient funds are available to pay applicants at a new, aggregate rate of $0.0016 per gallon.(1) Since this is the initial refund paid to the claimant in this case, it will be calculated at the rate of $0.0016 per gallon. Refunds are rounded to the nearest dollar.

This Decision and Order contains the name and address of a claimant that is now entitled to receive a refund at the volumetric rate of $0.0016 per gallon. Previously, a refund calculated at the rate of $0.0008 per gallon was approved for the claimant, and a check for $331 sent to its last known address. On September 23, 1997, the Treasury Department returned that check uncashed to the DOE, and the claimant’s initial refund application in Case No. RF272-90382 was later dismissed. When we finally located the claimant, we were informed that there had been a change of circumstances since its original refund application was filed in 1991. Accordingly, we set up a new case file (designated RK272-05729)(2) and investigated whether the party that submitted the initial refund application was the proper party to receive the refund calculated at the volumetric rate of $0.0016 per gallon.. On the basis of that investigation, we have determined that the party listed below is the proper recipient of the refund. The dollar amount of the refund being approved in this Order for the claimant is $662.

It Is Therefore Ordered That:

(1) 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 of $662 to the claimant at the following address:

WKR Corporation DBA Yellow Cab

c/o Richard Wilson

408 South 9th Street

Waco, TX 76706

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

(3) To facilitate the payment of any future refunds, an applicant shall notify the Office of Hearings and Appeals in the event that there is a change of address, or if an address correction is necessary. Such notification shall be sent to:

Office of Hearings and Appeals

HG-1/L’Enfant Plaza Building

U.S. Department of Energy

1000 Independence Ave., SW

Washington, D.C. 20585-1615

(4) Any conditions imposed that applied to an applicant’s receipt of the initial crude oil refund shall also apply to that applicant’s receipt of this supplemental refund.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: January 16, 2004

(1) We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

(2) The new case number, RK272-05729, replaces the case number (designated RF272-90382) which had formerly been assigned to the claimant’s application. For all future purposes, the application will be known by the new case number.