Case No. RF340-00182
May 13, 1998
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Application for Refund
Name of Petitioner: Enron Corp./ Chemplex Company
Date of Filing: May 6, 1993
Case Number: RF340-182
On September 14, 1988, the Economic Regulatory Administration of the Department of Energy (DOE) filed a Petition with the Office of Hearings and Appeals (OHA) requesting that the OHA formulate and implement procedures for distributing funds obtained through a consent order with Enron Corp. (Enron). See 10 C.F.R. Part 205, Subpart V. The consent order resolved DOE allegations that Enron and all of its subsidiaries, affiliates, prior subsidiaries, predecessors and successors in interest violated the mandatory petroleum regulations in their sales of crude oil and refined petroleum products from January 1, 1973 through January 27, 1981 (the consent order period). On July 10, 1991, the OHA issued a Decision and Order setting forth final procedures for disbursing the portion of the Enron settlement fund attributable to various Enron entities' sales of NGLs and NGLPs. Enron Corp., 21 DOE ¶ 85,323 (1991) (Enron). These covered Enron entities are UPG, Inc., Northern Propane Gas Company (Northern), and Florida Hydrocarbons Company. In accordance with the goals of 10 C.F.R. Part 205, Subpart V, Enron implements a process for refunding the consent order funds to purchasers of Enron NGLs and NGLPs who are able to demonstrate that they were injured as a result of the covered entities' alleged overcharges. This Decision and Order renders a determination upon the merits of an Application for Refund submitted by Primerica Corporation on behalf of Chemplex Company. As explained below, we will deny the Application.
On February 6, 1998, the OHA issued a Decision and Order which involved two other Subpart V refund proceedings. Primerica Corporation, 27 DOE ¶ 85,001 at 88,005-06 (1998). In that Decision, we found that neither Primerica Corporation nor its successor, The Travelers Group, is the proper recipient of any refunds based on purchases made by Chemplex. Since this Application was filed by Primerica and is based on purchases made by Chemplex, we will follow the determinations in our Decision of
February 6, 1998. We will therefore deny the Application for Refund.
It Is Therefore Ordered That:
(1) The Application for Refund submitted by Primerica Corporation on behalf of Chemplex Company (Case No. RF340-182) is hereby denied.
(2) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: May 13, 1998