Case No. RB272-00135
April 7, 1998
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: March 18, 1998
Case Number: RB272-00135
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 19 recipients is $32,328.
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
1000 Independence Avenue S.W.
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: April 7, 1998
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
Appendix
APPENDIX RB272-00135 CASE NO. FIRM ADDRESS REFUND RF272-00180 COCA-COLA BOTTLING CO. OF WI. C/O DAVID ABRAMS 7400 N. OAK PARK AVE. NILES, IL 607143818 $1,762 RF272-04669 RIVER RIDGE FARMS C/O DOUGLAS LEEP 15585 68TH AVE. COOPERSVILLE, MI 49404 $177 RF272-05698 MCANINCH CORP. C/O DAVID A. MANNING P.O. BOX 1486 DES MOINES, IA 50306 $6,964 RF272-05706 DREW UNIVERSITY C/O BRIAN ERB 36 MADISON AVE. MADISON, NJ 07940 $1,274 RF272-07661 A.H. ROMINGER & SONS INC. C/O RICK ROMINGER 28686 RD. 29A WINTERS, CA 95694 $438 RF272-09899 ST. BARNABAS HOSPITAL C/O MICHAEL FAGAN 4750 3RD AVE. BRONX, NY 10458 $4,464 RF272-11916 WILLIAM RAYMOND PFEISTER 117 HILLSIDE LANE CLINTON, TN 37716 $243 RF272-12093 TOWN OF LEDYARD C/O WESLEY J. JOHNSON SR. P.O. BOX 38 LEDYARD, CT 06339 $1,631 RF272-12999 CHARLES F. KETTERING MEMORIAL C/O NEMI B. VELASCO 3535 SOUTHERN BLVD. KETTERING, OH 45429 $583 RF272-13898 SNYDER INDUSTRIES, INC. C/O DAVID E. SPRINGER P.O. BOX 4583; 4700 FREMONT ST. LINCOLN, NE 68504 $754 RF272-14934 PARAMOUNT FARMING CO. C/O ROBERT D. JOY 3341 E. LERDO HWY. BAKERSFIELD, CA 93308 $1,885 RF272-15434 MANHEIM CENTRAL SCHOOL DIST. C/O SAM PARKS 71 N. HAZEL ST. MANHEIM, PA 17545 $984 RF272-17295 W.W. STAHELI & SONS OR RALPH STAHELI 333 MILLCREEK CIRCLE WASHINGTON, UT 84780 $101 RF272-23151 LEON COUNTY SCHOOL BOARD C/O MERRILL WIMBERLEY 2757 W. PENSACOLA ST. TALLAHASSEE, FL 32304 $2,295 RF272-25554 TAYLOR HOSPITAL C/O GERALD W. SCHMIDT 175 E. CHESTER PIKE RIDLEY PARK, PA 190782284 $890 RF272-26464 ASHE MEMORIAL HOSPITAL, INC. C/O R.D. WILLIAMS II 200 HOSPITAL AVE. JEFFERSON, NC 28640 $573 RF272-28314 WAYNE GENERAL HOSPITAL C/O SHARON MCDONNELL 224 HAMBURG TURNPIKE WAYNE, NJ 07470 $1,776 RF272-29496 THORSTENBERG MATERIALS CO.,INC C/O ANITA LEITER 6211 N. ANN ARBOR RD. DUNDEE, MI 48131 $4,973 RF272-30830 HEPBURN ORCHARDS, INC. C/O TERRY W. HEPBURN 557 E. MAIN ST. HANCOCK, MD 21750 $561 Totals: 19 RB272-00135 $32,328
Last Updated on 4/8/98
By OHA