Case No. RF272-95231

May 19, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Leatham Brothers, Inc., et al.

Dates of Filings: April 19, 1994, et al.

Case Numbers: RF272-95231, et al.

This Decision and Order will consider Applications for Refund filed by five claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendix attached to this 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 generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. However, applicants that were end users of petroleum products and whose business was unrelated to the petroleum industry are presumed to have been injured. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

The applicants considered in this Decision and Order are all end users. Each of the applicants listed in the Appendix has documented its purchase volumes. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 17,162,045 gallons and the sum of the refunds granted is $27,459.

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 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 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 listed in the Appendix to this Decision and Order.

(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 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 a 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:May 19, 1998

Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND
RF272-95231 LEATHAM BROS., INC. OR WILSON, KELLER & ASSOCIATES THELMA LEATHAM 6,678,659 $10,686
RF272-95232 CLETEX TRUCKING, INC. OR WILSON, KELLER & ASSOCIATES C/O THAD FELTON 5,849,645 $9,359
RF272-95261 JIM MITTEN TRUCKING CO. OR WILSON, KELLER & ASSOCIATES C/O LARRY DINKEL 1,486,740 $2,379
RF272-95262 O.H. FRISBE MOVING & STORAGE OR WILSON, KELLER & ASSOCIATES C/O LEONARD SEE 356,249 $570
RF272-95263 JOHN PFROMMER, INC. OR WILSON, KELLER & ASSOCIATES C/O JOHN PFROMMER 2,790,752 $4,465
TOTALS: 5     17,162,045 $27,459
           


Last Updated on 5/6/98
By OHA