Case No. RF272-96310
October 14, 1998
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications For Refund
Name of Petitioners: Santa Cruz County Office of Education
Larry R. or Debra F. Garner
Dates of Filing: June 10, 1994
June 10, 1994
Case Numbers: RF272-96310
RF272-96328
This Decision and Order considers and ultimately grants two Applications for Refund, releasing a total of $752 in the Subpart V crude oil refund proceeding. The names of the two applicants are set forth in the Appendix to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and each 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). Each Applicant relies on the presumption of injury for end-users as the basis for its refund claim. Under this presumption, OHA presumes applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).
We have reviewed the information submitted by the two applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision.(1) The total volume for which refunds are approved in this Decision is 469,791 gallons and the sum of the refunds granted is $752.
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 each of 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 the following address:
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 the 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: October 14, 1998
(1)Interested parties were given an opportunity to submit comments regarding individual crude oil refund applications. No interested parties filed comments with respect to any application involved in this determination.
APPENDIX
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-96310 SANTA CRUZ COUNTY OFF. EDUCTN. C/O FRANK FLOREZ 809-H BAY AVE. CAPITOLA, CA 95010 452,441 $724 RF272-96328 LARRY R. OR DEBRA F. GARNER P.O. BOX 646 NOWATA, OK 74048 17,350 $28 TOTALS: 2 469,791 $752
Last Updated on 10/6/98
By OHA