Case No. RF272-94589

May 19, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Masterson Company, Inc., et al.

Dates of Filings: March 29, 1993 et al.

Case Numbers: RF272-94589, et al.

This Decision and Order will consider Applications for Refund filed by five claimants that purchased refined petroleum products during the period August 19, 1973, through January 27, 1981. Each applicant listed in the Appendix attached to this 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 generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. Applicants that were end- users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

The amount of an applicant's refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 7,436,925 gallons and the sum of the refunds granted is $11,899.

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 4, Account No. 999DOE010Z, to the applicants listed in the 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 in its 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. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying a 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:May 19, 1998

Appendix

Masterson Company, Inc., et al.

Case Nos. RF272-94589, et al.

Case No.

Applicant/Contact

Volume

Refund

RF272-94589

Masterson Company, Inc.

2,051,995

$3,283

OR Wilson, Keller & Assoc.

c/o Chris Edwards

P.O. Box 221145

Memphis, TN 38122

RF272-95349

Cloud County, Kansas

4,641,042

$7,426

OR Petroleum Funds, Inc.

c/o Bobbie Brown

P.O. Box 1380

Paris, TN 38242-9986

RF272-95357

Hampton County, South Carolina

603,801

$966

OR Petroleum Funds, Inc.

c/o Bobbie Brown

P.O. Box 1380

Paris, TN 38242-9986

RF272-95358

Grass Lake School Dist. 36

32,393

$52

OR Petroleum Funds, Inc.

c/o Bobbie Brown

P.O. Box 1380

Paris, TN 38242-9986

RF272-95361

Clay County School District

107,694

$172

OR Petroleum Funds, Inc.

c/o Bobbie Brown

P.O. Box 1380

Paris, TN 38242-9986

TOTALS

5 Applicants

7,436,925

$11,899