Case No. RF272-96438


April 24, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: City of River Rouge et al.

Dates of Filing: June 10, 1994 et al.

Case Numbers: RF272-96438 et al.

This Decision and Order will consider Applications for Refund filed by nine 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, the refund checks will be sent to the applicant or the applicants’ representative. The total volume for which refunds are approved in Appendix A in this Decision is 2,238,440 and the sum of the refunds granted is $3,581 and the total volume for which refunds are approved in Appendix B in this Decision is 682,935 gallons and the sum of the refunds granted is $1,092.

We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.

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 4 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] or Petroleum Funds, Inc.” and sent to:

Petroleum Funds, Inc.

P.O. Box 1380

Paris, TN 38242-9986

For those applicants listed in Appendix B, the checks should be made payable to the applicant and sent to the address indicated in the Appendix.

(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: April 24, 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 FIRM CONTACT VOLUME REFUND  
RF272-96438 CITY OF RIVER ROUGE OR PETROLEUM FUNDS, INC. C/O PATRICIA BAUDLER 443,491 $710  
RF272-96449 CITY OF MECHANICVILLE OR PETROLEUM FUNDS, INC. C/O DAN ROBERTS 257,146 $411  
RF272-96453 CITY OF LEONIA OR PETROLEUM FUNDS, INC. C/O VICTOR LAPYCHAK 327,360 $524  
RF272-96468 FRANKLIN CENTRAL SCHOOL OR PETROLEUM FUNDS, INC. C/O DOUGLAS IDO 400,882 $641  
RF272-96472 WEISER SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O PETRA MCDANIEL 229,985 $368  
RF272-96484 CITY OF BERLIN OR PETROLEUM FUNDS, INC. C/O DENNIS JORDAN 229,896 $368  
RF272-96497 TRITON SCHOOL CORP. OR PETROLEUM FUNDS, INC. C/O REX ROTH 349,680 $559  
TOTALS: 7     2,238,440 $3,581  
             
             
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND
RF272-96485 CITY OF BOONE, NC C/O JOYCE WATSON P.O. DRAWER 192 BOONE, NC 28607 635,832 $1,017
RF272-96494 MONSON-SULTANA JT. UNION ELEM. C/O THOMAS J. GIAMPIETRO P.O. BOX 25 SULTANA, CA 93666 47,103 $75
TOTALS: 2       682,935 $1,092
             


Last Updated on 4/21/98
By OHA