Case No. RF272-98900
August 27, 1998
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Cherokee Brick Co. et al.
Dates of Filing: July 6, 1994 et al.
Case Numbers: RF272-98900 et al.
This Decision and Order will consider Applications for Refund filed by 15 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendices attached to the 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 that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each applicant's refund share is calculated using the current refund amount of $0.0016 per gallon.
We have reviewed the information submitted by these applicants and determined that each was an end-user of petroleum products.(1) Each of the applicants has demonstrated the volume of its claim by consulting actual records or by using a reasonable estimation technique. The gallonage amounts listed in the Appendices to this
Decision and Order reflect the approved purchase volume for each applicant.
Each of the applicants listed in the Appendices is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendices. The applicants considered in this Decision applied either on their own behalf or through a private filing service. In accordance with each applicant's request, refund checks will be sent to the applicant or the applicant's representative. The total volume for which refunds are approved in these Appendices is 25,406,329 gallons and the sum of the refunds granted is $40,651.
The deadline for the crude oil proceeding, June 30, 1995, has passed. 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 Appendices 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 Appendices 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 listed in the Appendices.
For those applicants listed in Appendix A, the checks should be made payable to the applicant and sent to the address indicated in that Appendix.
For those applicants listed in Appendix B, the checks should be made payable to [the applicant] or Petroleum Funds, Inc. and sent to:
Petroleum Funds, Inc.
P.O. Box 1380
Paris, TN 38242-9986
(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 of 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. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any 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 27, 1998
(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 ADDRESS CITY/STATE VOLUME REFUND RF272-98900 CHEROKEE BRICK CO. C/O JOHN M. CORCORAN BOX 33218 RALEIGH, NC 27606 1,622,396 $2,596 RF272-98914 TRACE CREEK TIMBER CO. C/O JAMES J. OAKLEY 105 POWERS BLVD. WAVERLY, TN 37185 705,500 $1,129 RF272-98926 DIOCESE OF LA CROSSE C/O JOHN NEWMAN 3710 EAST AVE. S. LA CROSSE, WI 54601 380,313 $609 RF272-98931 WASH-SCOTT CNTY FARM BUREAU C/O DONALD GREEN P.O. BOX 1031 KERNERSVILLE, NC 27284 18,096,998 $28,955 RF272-98938 ST. MARY HELP - CHRISTNS CHRCH C/O ROBERT SCHMAINDA 24588 CNTY RD. 7 ST. CLOUD, MN 56301 288,750 $462 RF272-98949 WALTER A. SMITH PAVING CONTRT. C/O BRYAN W. SMITH 2111 CANAL HOUSTON, TX 77003 658,142 $1,053 RF272-98960 HOLY CROSS CHURCH C/O MARIAN HAUS 10651 CNTY RD. 8 KIMBALL, MN 55353 102,526 $164 RF272-98986 ST. FRANCIS PARISH C/O ANN BOWLING 330 S.E. 11TH PORTLAND, OR 97214 94,237 $151 TOTALS: 8 21,948,862 $35,119 CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-98921 ROGERS LUMBER CO. OR PETROLEUM FUNDS, INC. C/O JOE M. ROGERS 418,138 $669 RF272-98948 CITY OF BARRE, VT OR PETROLEUM FUNDS, INC. C/O MICHAEL A. WELCH 670,939 $1,074 RF272-98950 MID-COLUMBIA BUS CO., INC. OR PETROLEUM FUNDS, INC. C/O BRUCE FIATT 308,641 $494 RF272-98952 CARL VANNATTA TRUCKING OR PETROLEUM FUNDS, INC. C/O BARBARA V. LEE 516,946 $827 RF272-98953 COPPERWELD STEEL CO. OR PETROLEUM FUNDS, INC. C/O J.T. SELL 1,021,892 $1,635 RF272-98966 CRAWFORD COUNTY, MO OR PETROLEUM FUNDS, INC. C/O ART HUGHES 460,201 $736 RF272-98968 BOROUGH OF GLASSPORT OR PETROLEUM FUNDS, INC. C/O RICHARD TYSKIEWICZ 60,710 $97 TOTALS: 7 3,457,467 $5,532
Last Updated on 8/13/98
By OHA