Case No. RF272-76565
March 3, 1998
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: John Ray Trucking Co., Inc. et al.
Dates of Filing: October 30, 1989 et al.
Case Numbers: RF272-76565 et al.
This Decision and Order will consider Applications for Refund filed by 24 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.(2) 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, refund checks will be sent to the applicant or the applicant's representative. The total volume for which refunds are approved in these Appendices is 68,248,659 gallons and the sum of the refunds granted is $109,198.
The deadline for the crude oil proceeding, June 30, 1995, has passed. 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 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 that 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: March 3, 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.
(2)Two applicants, John Ray Trucking, Case No. RF272-76565, and Gibson Aviation Service, Case No. RF272-76984, included purchases that extend beyond the crude oil price control period. However, we have excluded those purchases after the crude oil price control period (August 19, 1973 through January 1981).
Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-76565 JOHN RAY TRUCKING CO., INC. OR PETROLEUM FUNDS, INC. C/O JOHN RAY 1,680,834 $2,689 RF272-76984 GIBSON AVIATION SERVICE OR PETROLEUM FUNDS, INC. C/O LARRY HUSBY 1,422,415 $2,276 RF272-96411 MOOSE LAKE SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O JANET HALONEN 398,806 $638 RF272-96413 PAJARO VALLEY JT. UNIF. SCHOOL OR PETROLEUM FUNDS, INC. C/O NORRIE BLACKHUE 850,288 $1,360 RF272-96430 SOUTHWEST REGION SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O MARIE WHEELER 1,711,200 $2,738 RF272-96431 STOCKBRIDGE VALLEY CENT.SCHOOL OR PETROLEUM FUNDS, INC. C/O LESLIE CALBURN 330,425 $529 RF272-96442 GREENSBURG COMMUNITY SCHOOLS OR PETROLEUM FUNDS, INC. C/O L.J. TAYLOR 549,220 $879 RF272-96446 CITY OF GLOBE, AZ OR PETROLEUM FUNDS, INC. C/O TERESA WILLIAMS 435,240 $696 RF272-96451 CITY OF KATY OR PETROLEUM FUNDS, INC. C/O JOHNNY NELSON 328,803 $526 RF272-96457 CITY OF ESCANABA OR PETROLEUM FUNDS, INC. 1,577,000 $2,523 RF272-96477 CITY OF ANSONIA OR PETROLEUM FUNDS, INC. C/O JOSEPH MAFFEO 211,943 $339 RF272-96479 CALAVERAS COUNTY, CA OR PETROLEUM FUNDS, INC. C/O SPENCER BATCHELDER 998,217 $1,597 RF272-96487 CITY OF COOS BAY OR PETROLEUM FUNDS, INC. C/O SUSANNE BAKER 465,941 $746 RF272-96490 KINGFISHER COUNTY, OK OR PETROLEUM FUNDS, INC. C/O JANE HIGHTOWER 1,253,110 $2,005 RF272-96492 ATKINSON COUNTY, GA OR PETROLEUM FUNDS, INC. C/O JERRY WHITE 514,926 $824 RF272-96498 CASHMERE SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O RICHARD LANGUM 124,955 $200 Totals: 16 12,853,323 $20,565 CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-76671 BADDOUR, INC. C/O BOBBY SAVAGE OR FUEL REFUNDS, INC. P.O. BOX 41553 MEMPHIS, TN 281740553 3,213,688 $5,142 RF272-96448 TOWN OF HOLLISTON HWY. DEPT. C/O WESLEY FJELDHEIM 63 ARCH ST. HOLLISTON, MA 01746 608,683 $974 RF272-96455 CHAUTAUQUA COUNTY, NY C/O C. ROY CHRISTY GERACE OFFICE BLDG. MAYVILLE, NY 14757 11,301,792 $18,083 RF272-96467 MONTCLAIR BRD. OF EDUCATION C/O PIETER DEHAAN 22 VALLEY RD. MONTCLAIR, NJ 07042 3,831,037 $6,130 RF272-96471 ST. CROIX FALLS SCHOOL DIST. C/O RODNEY KROGSTAD 651 LOUISIANA E., BOX 130 ST. CROIX FALLS, WI 54024 431,355 $690 RF272-96482 CITY OF GRAND RAPIDS C/O LINDA S. CONNERS 300 MONROE AVE., N.W., RM. 731 GRAND RAPIDS, MI 49503 6,966,258 $11,146 RF272-96493 KITSAP COUNTY C/O WILLIAM D. NUGLE 614 DIVISION ST. PORT ORCHARD, WA 98366 3,364,673 $5,383 RG272-00433 EMPRESSA ECUATORIANA C/O JOSE LOZA OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 25,677,850 $41,085 Totals: 8 55,395,336 $88,633
Last Updated on 3/4/98