Case No. RB272-00140

July 31, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Crude Oil Supplemental Refund Distribution

Date of Filing: July 23, 1998

Case Number: RB272-00140

Since 1987, the Office of Hearings and Appeals (OHA) has conducted the crude oil overcharge refund proceeding. In this proceeding, we have granted refunds from crude oil overcharge funds under the jurisdiction of the Department of Energy. The proceeding is explained in Statement of Modified Restitutionary Policy, 51 Fed. Reg. 27899 (August 4, 1986), and the regulations governing it are codified at 10 C.F.R. Part 205, Subpart V.

In crude oil refund cases, an applicant can receive a refund equal to the number of gallons of eligible refined petroleum products it purchased during the crude oil price control period, multiplied by a volumetric factor.(1) The size of the volumetric factor depends on the amount of crude oil overcharge funds that the DOE has collected. Initially, we set the volumetric factor at $.0002 per gallon. In April 1989, we raised the volumetric factor to $.0008 per gallon. Any applicant who had received a refund at $.0002 per gallon has also received a supplemental refund of an additional $0.0006 per gallon, so that the total volumetric factor until now for all applicants in this Decision and Order was $.0008. Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).

Additional crude oil overcharge funds are now available for disbursement, so we can now issue supplemental refund checks. Applicants who previously received a refund at the volumetric factor of $.0008 will receive a supplemental refund for an additional $0.0008 per gallon.(2) Thus, the amount of the supplemental refund will be equal to the refund already received.

As with all our refunds, the supplemental refunds are rounded to the nearest dollar.

We require applicants for supplemental refunds to verify (directly or through their representatives) their name and address contained in our records, 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 will 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 applicants receiving these supplemental refunds. The Appendix also indicates the original case numbers of these applicants and the dollar amount of the supplemental refund for each applicant. We have approved a total amount of $45,025 in additional refunds in this Decision and Order for the benefit of ten applicants.

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 applicant set forth in the Appendix to this Decision and Order.

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, 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, DC 20585-0107

(4) Any conditions imposed upon 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 31, 1998

(1)The crude oil price control period extended from August 19, 1973 through January 27, 1981.

(2)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

Appendix
APPENDIX   RB272-00140      
CASE NO. FIRM   ADDRESS   REFUND
RF272-00423 PIMA COUNTY GOVERNMENT C/O CAROL BONCHALK 130 W. CONGRESS, 10TH FL. TUCSON, AZ 85701 $5,064
RF272-09356 LOS ANGELES UNIFIED SCHL. DIST C/O OLONZO WOODFIN P.O. BOX 2298 LOS ANGELES, CA 90051 $13,554
RF272-09649 LINCOLN PUBLIC SCHOOLS DIRECTOR OF PURCHASING P.O. BOX 82889 LINCOLN, NE 68501 $2,471
RF272-15505 FAYETTE COUNTY SCHOOLS C/O TRANSPORTATION DIR. 701 E. MAIN ST. LEXINGTON, KY 40502 $2,561
RF272-25381 ST. LOUIS COUNTY POLICE DEPT. C/O DIRECTOR 7900 FORSYTH BLVD. CLAYTON, MO 63105 $3,882
RF272-26743 CITY OF IRVING, TEXAS C/O DAMON L. SOUTHARD P.O. BOX 152288; 825 W. IRVING BVD. IRVING, TX 750152288 $3,186
RF272-29671 PEPIN COUNTY HWY. DEPT. C/O CLARENCE WEISSINGER 312 10TH AVE. E. DURAND, WI 54736 $2,404
RF272-42556 CITY OF MERIDEN C/O PURCHASING DEPT. CITY HALL, RM. 210 MERIDEN, CT 064508022 $4,316
RF272-86797 VINELAND BOARD OF EDUCATION C/O KEVIN FRANCHETTA 625 PLUM ST. VINELAND, NJ 083603796 $4,167
RF272-93850 CITY OF NORTH LITTLE ROCK C/O PAUL CONWAY P.O. BOX 5757 NORTH LITTLE ROCK, AR 72114 $3,420
TOTALS: 10 RB272-00140     $45,025
           


Last Updated on 7/23/98
By OHA