Case No. RB272-00138
July 2, 1998
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: June 8, 1998
Case Number: RB272-00138
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 August 19, 1973 through January 27, 1981, multiplied by a per gallon refund amount. That per gallon refund amount is 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 smaller volumetric factor has also received a supplemental refund based on an additional $0.0006 per gallon. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).
Additional crude oil overcharge funds have 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) Further, applicants who previously received a refund will receive a supplemental refund based on an additional $0.0008 per gallon. Thus, the amount of the supplemental refund will be equal to the refund already received. Refunds are rounded to the nearest dollar.
In order to receive a supplemental refund check, applicants are being required to verify (directly or through their representatives) that their name and address in our records are correct, to correct any information that is not accurate, and to indicate whether there has been any change in circumstances affecting the payment of the refund. We intend to issue a series of Decision and Orders approving supplemental refunds as we receive completed verification forms from applicants or certifications from representatives.
The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. The Appendix also indicates the original case numbers of these applicants and the dollar amount of the supplemental refund for each applicant. The total amount of additional refunds being approved in this Order for the benefit of 13 recipients is $15,509.
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 to each crude oil refund recipient set forth in the Appendix to this Order.
(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants 4, Account No. 999DOE010Z, maintained at the Department of the Treasury.
(3) To facilitate the payment of 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:
Director of Management Information
Office of Hearings and Appeals
Department of Energy
Washington, D.C. 20585-0107
(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: July 2, 1998
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
Appendix
APPENDIX RB272-00138 CASE NO. FIRM ADDRESS REFUND RF272-01391 GEORGE WHIPPLE 523 MAIN ST. NEW MARKET, IA 51646 $127 RF272-09228 TATMAN FARMS C/O ADDISON TATMAN RD 2, BOX 166A BRIDGEVILLE, DE 19933 $496 RF272-11069 STROUD TRUCK SERVICE C/O LES FOTHERINGHAM 5 SHEPHERD RD., RR 1 BROOKLYN, ONTARIO, CN L0B 1C0 $1,580 RF272-11282 CITY OF SHELBY C/O JEFFREY A. MOORE P.O. BOX 207 SHELBY, NC 28151 $961 RF272-14941 JOHN E. FALCON FARMS C/O JOHN E. FALCON 2211 HWY. 943 N. DONALDSONVILLE, LA 70346 $64 RF272-18641 GEORGE WENDTLANDT, INC. C/O RUTH A. WENDTLANDT 9 CAPTAINS CT., #1 MADISON, WI 53719 $756 RF272-18993 CITY OF HANNIBAL C/O MARY B. BAUDENDISTEL 320 BROADWAY HANNIBAL, MO 63401 $703 RF272-20224 T.A. SCHIFSKY & SONS, INC. C/O GAYLE ZUERCHER 2370 HWY. 36 E. NORTH ST. PAUL, MN 55109 $4,531 RF272-21517 LOS ANGELES CNTY DEPT. HEALTH C/O MARK CORBET 313 N. FIGUEROA ST., RM. 527 LOS ANGELES, CA 90012 $921 RF272-21537 DWIRE, INC. OR JAMES DWIRE 6547 N. ACADEMY BLVD.; #523 COLORADO SPRINGS, CO 80918 $1,587 RF272-26192 C & S LAND CO. C/O DUANE SWANSON HC 78, BOX 175 BASSETT, NE 687149558 $374 RF272-27839 FENTRESS COUNTY HIGHWAY DEPT. C/O LINDA STEWART P.O. BOX 825 JAMESTOWN, TN 38556 $3,087 RF272-28003 HANCOCK COUNTY BOARD OF ED. C/O KENNETH GIVENS P.O. BOX 629 SNEEDVILLE, TN 37869 $322 TOTALS: 13 RB272-00138 $15,509
Last Updated on 6/24/98
By OHA