Case No. RB272-00135

April 7, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Crude Oil Supplemental Refund Distribution

Date of Filing: March 18, 1998

Case Number: RB272-00135

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 19 recipients is $32,328.

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

1000 Independence Avenue S.W.

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: April 7, 1998

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

Appendix

APPENDIX		RB272-00135
CASE NO.	FIRM		ADDRESS		REFUND
RF272-00180	COCA-COLA BOTTLING CO. OF WI.	C/O DAVID ABRAMS	7400 N. OAK PARK AVE.	NILES, IL 607143818	$1,762
RF272-04669	RIVER RIDGE FARMS	C/O DOUGLAS LEEP	15585 68TH AVE.	COOPERSVILLE, MI 49404	$177
RF272-05698	MCANINCH CORP.	C/O DAVID A. MANNING	P.O. BOX 1486	DES MOINES, IA 50306	$6,964
RF272-05706	DREW UNIVERSITY	C/O BRIAN ERB	36 MADISON AVE.	MADISON, NJ 07940	$1,274
RF272-07661	A.H. ROMINGER & SONS INC.	C/O RICK ROMINGER	28686 RD. 29A	WINTERS, CA 95694	$438
RF272-09899	ST. BARNABAS HOSPITAL	C/O MICHAEL FAGAN	4750 3RD AVE.	BRONX, NY 10458	$4,464
RF272-11916	WILLIAM RAYMOND PFEISTER		117 HILLSIDE LANE	CLINTON, TN 37716	$243
RF272-12093	TOWN OF LEDYARD	C/O WESLEY J. JOHNSON SR.	P.O. BOX 38	LEDYARD, CT 06339	$1,631
RF272-12999	CHARLES F. KETTERING MEMORIAL	C/O NEMI B. VELASCO	3535 SOUTHERN BLVD.	KETTERING, OH 45429	$583
RF272-13898	SNYDER INDUSTRIES, INC.	C/O DAVID E. SPRINGER	P.O. BOX 4583; 4700 FREMONT ST.	LINCOLN, NE 68504	$754
RF272-14934	PARAMOUNT FARMING CO.	C/O ROBERT D. JOY	3341 E. LERDO HWY.	BAKERSFIELD, CA 93308	$1,885
RF272-15434	MANHEIM CENTRAL SCHOOL DIST.	C/O SAM PARKS	71 N. HAZEL ST.	MANHEIM, PA 17545	$984
RF272-17295	W.W. STAHELI & SONS	OR RALPH STAHELI	333 MILLCREEK CIRCLE	WASHINGTON, UT 84780	$101
RF272-23151	LEON COUNTY SCHOOL BOARD	C/O MERRILL WIMBERLEY	2757 W. PENSACOLA ST.	TALLAHASSEE, FL 32304	$2,295
RF272-25554	TAYLOR HOSPITAL	C/O GERALD W. SCHMIDT	175 E. CHESTER PIKE	RIDLEY PARK, PA 190782284	$890
RF272-26464	ASHE MEMORIAL HOSPITAL, INC.	C/O R.D. WILLIAMS II	200 HOSPITAL AVE.	JEFFERSON, NC 28640	$573
RF272-28314	WAYNE GENERAL HOSPITAL	C/O SHARON MCDONNELL	224 HAMBURG TURNPIKE	WAYNE, NJ 07470	$1,776
RF272-29496	THORSTENBERG MATERIALS CO.,INC	C/O ANITA LEITER	6211 N. ANN ARBOR RD.	DUNDEE, MI 48131	$4,973
RF272-30830	HEPBURN ORCHARDS, INC.	C/O TERRY W. HEPBURN	557 E. MAIN ST.	HANCOCK, MD 21750	$561
Totals:	19	RB272-00135			$32,328

Last Updated on 4/8/98
By OHA