Case No. RF355-00004

October 19, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Macmillan Oil Company/

Parker Oil Company, et al.

Date of Filing: June 18, 1996, et al.

Case Numbers: RF355-4, et al.

This Decision grants seven applicants refunds in the Macmillan Oil Company (Macmillan) special refund proceeding. On March 7, 1988, Macmillan and the Department of Energy entered into a consent order regarding Macmillan's sales of petroleum products between May and December 1979. In the consent order, Macmillan agreed to remit $592,001 (including pre-settlement interest) to the DOE with respect to overcharges on sales propane and fuel oil during the period from November 1, 1973, to April 30, 1974.

On May 29, 1996, the DOE instituted special refund procedures for the distribution of those funds. Macmillan Oil Co., 25 DOE ¶ 85,115 (1996). The DOE found that DOE audit records identified the 66 firms and governmental entities that had been overcharged and the amount of each overcharge. The DOE determined that each of these customers should receive a proportionate share of the Macmillan escrow account based upon the amount that the audit records indicte they had been overcharged. In addition, applicants receive a proportionate share of the interest that has accrued on the funds since they were deposited with DOE. To qualify for a refund, an applicant must demonstrate that it is the same customer as that referred to in the consent order. Our review of the applications submitted in this case confirms that they are among the 66 identified customers. Accordingly, they shall receive the refunds specified in the Appendix. These refunds total, with accrued interest, $78,113.

It Is Therefore Ordered That:

(1) The Applications for Refund specified in the Appendix are hereby granted 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 from the DOE deposit fund escrow account maintained at the Department of Treasury and funded by Macmillan Oil Company, (Consent Order No. 730T00031Z) the amounts listed in the Appendix to the appropriate claimants. The checks for the Applicants shall be made payable to the Applicants and shall be sent to the addresses listed in the Appendix.

(3) The determinations made in this Decision and Order are based upon the presumed validity of statements and documentary material submitted by the applicants. The determinations may be revoked or modified at any time upon a finding that the factual basis underlying any of the Applications for Refund is incorrect.

(4) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date:October 19, 1998

APPENDIX

Case No.

Applicant Name

& Address

Principal

Refund Amount

Interest

Total

Refund

RF355-4

Parker Oil Company

? Jody Galloway

399 S.E. 7th

Des Moines, IA 50309

$1,323

$813

$2,136

RF355-5

Ace Lines, Inc.

? T.C. Miller

P.O. Box 8088

Des Moines, IA 50301

395

243

638

RF355-9

Bridgestone/Firestone, Inc.

? A.J. Guillot

50 Century Blvd.

Nashville, TN 37214

348

214

562

RF355-25

Pirelli Armstrong Tire Corp.

? Sherwood Willard

500 Sargent Dr.

New Haven, CT 06511

31,886

19,597

51,483

RF355-41

University of Iowa

? Gay Pelzer

120 Jessup Hall

Iowa City, IA 52242

8,013

4,925

12,938

RF355-42

Boss Hotels

or Reilly Partnership

? Lynn Reilly

426 44th St.

Des Moines, IA 50312

3,348

$2,058

$5,406

RF355-43

Boss Hotels

or Donald A. Boss

950 Office Park Rd.

West Des Moines, IA 50265

3,066

$1,884

$4,950

TOTAL

7 Applicants

$48,379

$29,734

$78,113