Case No. RB272-00144
September 29, 1998
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: September 12, 1998
Case Number: RB272-00144
Pursuant to the long-standing policy of the Department of Energy (DOE), thousands of purchasers of petroleum products have applied for, and been granted, refunds from crude oil overcharge funds under the jurisdiction of the DOE's Office of Hearings and Appeals (OHA). See Statement of Modified Restitutionary Policy To Be Implemented In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil funds are set forth at 10 C.F.R. Part 205, Subpart V.
The OHA has approved more than 87,000 requests for refund from the pool of crude oil overcharge funds. In Subpart V crude oil refund cases, a claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period August 19, 1973 through January 27, 1981, multiplied by a per gallon refund amount. That per gallon refund amount is derived by dividing the total refund monies available by the total U.S. consumption of petroleum products during the crude oil price control period. Refunds had been calculated by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor had been in use since April 1989, when it replaced an earlier volumetric factor of $0.0002 per gallon. Any applicant who received a refund at the smaller volumetric factor has also received a supplemental refund based on an additional $0.0006 per gallon. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).
Additional crude oil overcharge funds have become available for disbursement and we can now issue additional refund checks to applicants. Sufficient funds are available to pay applicants at a new, aggregate rate of $0.0016 per gallon.(1) Further, applicants who previously received a refund will receive a supplemental refund based on an additional $0.0008 per gallon. Thus, the amount of the supplemental refund will be equal to the refund already received. Refunds are rounded to the nearest dollar.
In order to receive a supplemental refund check, applicants are being required to verify (directly or through their representatives) that their name and address in our records are correct, 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 intend to 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 recipients receiving these supplemental refund checks. The Appendix also indicates the original case numbers of these applicants and the dollar amount of the supplemental refund for each applicant. The total amount of additional refunds being approved in this Order for the benefit of 21 recipients is $18,947.
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 crude oil refund recipient set forth in the Appendix to this Order.
(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants 4, 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, D.C. 20585-0107
(4) Any conditions imposed that applied to 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:September 29, 1998
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
APPENDIX RB272-00144 CASE NO. FIRM ADDRESS REFUND RF272-01017 R & L ORCHARD CO., INC. C/O ARTHUR E. RICE P.O. BOX 66 GARDNERS, PA 173240066 $667 RF272-08387 CLARA MAASS MEDICAL CENTER C/O TIMOTHY J. COOK 1 CLARA MAASS DR. BELLEVILLE, NJ 071093401 $2,469 RF272-10979 WILLIAM C. FORDHAM RR 1 OHIO, IL 61349 $100 RF272-11031 GOLD CREEK FARMS C/O J. READ SMITH P.O. BOX 556 ST. JOHN, WA 99171 $722 RF272-14854 ST. PAUL PUB. HOUSING AGENCY C/O JUNELLA PICHELMAN 480 CEDAR ST., #300 ST. PAUL, MN 551012240 $2,016 RF272-15060 FRANK JOY, INC. C/O FRANK JOY 9 OLD TIMERS LANE ORLEANS, MA 02643 $651 RF272-16692 DONALD E. NEHRING 14283 OWENS RD. HINCKLEY, IL 60520 $51 RF272-18239 RALPH E. HAGEDORN C/O JUDY HAGEDORN 4840 STATE RR 141 S. MORGANFIELD, KY 424376902 $205 RF272-18631 D & D HODNEFIELD RT. 1, BOX 18 LAKEFIELD, MN 56150 $68 RF272-18906 JOHNSON COUNTY BD. OF EDUCATN. C/O PEGGY L. VANHOOSE 253 N. MAYO TRAIL PAINTSVILLE, KY 41240 $600 RF272-20791 DAN WAGNER 15650 HEADLIGHT RD. STRASBURG, CO 801368904 $970 RF272-21208 CENTERVILLE-ABINGTON SCHOOLS C/O P. ALLAN SPENCER 115 W. SOUTH ST. CENTERVILLE, IN 47330 $709 RF272-22234 UNIVEST, S.A. C/O D.A. MANTHOS 3 STAMFORD LANDING, #320 STAMFORD, CT 069027235 $3,636 RF272-22399 CONNEAUT AREA CITY SCHOOLS C/O RICHARD J. FILL 263 LIBERTY ST. CONNEAUT, OH 44030 $436 RF272-22430 METRO. SCHOOL DIST. OF WAYNE C/O DENNIS J. TACKITT 1220 S. HIGH SCHOOL RD. INDIANAPOLIS, IN 46241 $916 RF272-24062 MANUFACTURERS HANOVER TRUST CO C/O JOSPHE J. AMBROSIO 140 E. 45TH ST., 10TH FL. NEW YORK, NY 100173162 $2,553 RF272-24252 CULLINAN RANCH, INC. C/O JOSEPH E. CULLINAN HCR 72, BOX 50 SUTHERLAND, NE 69165 $146 RF272-26565 LIND RIC COOP. C/O NORMAN A. SCHNEIDER 42-25 21ST ST. LONG ISLAND CITY, NY 11101 $786 RF272-28668 MAYWOOD PUBLIC SCHOOLS C/O BILL LEWIS P.O. BOX 46 MAYWOOD, NE 69038 $327 RF272-29995 KRENZER FARMS C/O THOMAS KRENZER 2425 SCOTTSVILLE RD. SCOTTSVILLE, NY 14546 $354 RF272-30073 GREEN ACRES FARM C/O BERNARD VCULEK P.O. BOX 34 OAKES, ND 584740034 $565 TOTALS: 21 RB272-00144 $18,947
Last Updated on 9/18/98
By OHA