Case No. RF272-89089
March 8, 2000
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Hayward Trucking, Inc., et al.
Dates of Filing: October 30, 1989 et al.
Case Numbers: RF272-89089 et al.
This Decision and Order will consider Applications for Refund filed by 24 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981.(1) Each applicant listed in the Appendix attached to the 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).
To receive a refund for crude oil overcharges, an applicant that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each applicant's refund share is calculated using the current refund amount of $0.0016 per gallon.
Each of the applicants listed in the Appendices is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendices. The applicants considered in this Decision applied either on their own behalf or through a filing service. In accordance with each applicant's request, refund checks will be sent directly to the applicant or the applicants representative. The total volume for which refunds are approved in the Appendices is 59,183,268 gallons and the sum of the refunds granted is $94,695.
We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the claimants listed in the Appendices 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 Appendices to this Decision and Order from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to the applicants listed in the Appendices.
For those applicants listed in Appendix A, the checks should be made payable to [the applicant] or McMickle & Edwards and sent to:
McMickle & Edwards
P.O. Box 221145
Memphis, TN 38122
For those applicants listed in Appendix B, the checks should be made payable to [the applicant] or Bassman, Mitchell & Alfano and sent to:
Bassman, Mitchell & Alfano
Chartered
1201 New York Ave., N.W.
Suite 1275
Washington, DC 20005
For those applicants listed in Appendix C, the checks should be made payable to the applicant and sent to the address indicated 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 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) The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary material submitted by the applicants. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any 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: March 8, 2000
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-89089 HAYWARD TRUCKING, INC. OR MCMICKLE & EDWARDS C/O JANE B. HAYWARD 4,027,017 $6,443 RF272-89091 ALLTRUCK FREIGHT SYSTEMS OR MCMICKLE & EDWARDS C/O KEITH MILLER 510,431 $817 RF272-89096 BADGER COACHES, INC. OR MCMICKLE & EDWARDS C/O ROBERT MEIER 1,867,213 $2,988 RF272-89100 BENTON BROS. FILM EXPRESS, INC OR MCMICKLE & EDWARDS C/O JIM QUIGLEY 5,147,364 $8,236 RF272-89106 BUCK'S CO. ARTESIAN WELL DRILL OR MCMICKLE & EDWARDS C/O ANTHONY DOMINIANI 1,611,946 $2,579 RF272-89110 CAMEL TRUCKING OR MCMICKLE & EDWARDS C/O NORMAN COHEN 1,818,975 $2,910 RF272-89114 CLARK TRANSPORT OR MCMICKLE & EDWARDS C/O JAMES P. BYRNE 9,115,431 $14,585 RF272-89136 HILLSIDE VAN LINES, INC. OR MCMICKLE & EDWARDS C/O JOHN CASE 1,288,477 $2,062 TOTALS: 8 25,386,854 $40,620 CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-98300 BEAVER EXPRESS SERVICE, INC. OR BASSMAN, MITCHELL & ALFANO C/O DUANE FRENCH 1,196,502 $1,914 RF272-98313 BRANSCOM COAL & WOOD CO. OR BASSMAN, MITCHELL & ALFANO 5,842,737 $9,348 RF272-98376 E.E. LYONS CONSTRUCTION CO. OR BASSMAN, MITCHELL & ALFANO C/O ANDY LYONS 1,030,391 $1,649 RF272-98406 GIORDANO TRUCKING CORP. OR BASSMAN, MITCHELL & ALFANO 872,264 $1,396 RF272-98426 HILAND DIARY CO. OR BASSMAN, MITCHELL & ALFANO C/O COLLEGE CLUB 866,635 $1,387 RF272-98442 KRAJACK TANK LINES, INC. OR BASSMAN, MITCHELL & ALFANO C/O LOUIS F. GERACE 603,359 $965 RF272-98466 MEADOWBROOK FARMS OR BASSMAN, MITCHELL & ALFANO C/O ELSIE JONES 870,879 $1,393 RF272-98470 MOSCA BROS. MOVING & STORAGE OR BASSMAN, MITCHELL & ALFANO C/O CELESTE GIANNICO 1,269,697 $2,032 RF272-98473 NATIONAL STORAGE CNTR. OR BASSMAN, MITCHELL & ALFANO C/O PETER DEGRUCCIO 533,840 $854 RF272-98480 NORRIS BROTHERS CO. OR BASSMAN, MITCHELL & ALFANO C/O RICK THOMAS 575,536 $921 RF272-98485 FT. BENT COUNTY OR BASSMAN, MITCHELL & ALFANO 3,197,251 $5,116 RF272-98499 R.M. ORMES TRANS., INC. OR BASSMAN, MITCHELL & ALFANO C/O ALICE CARNEY 458,684 $734 RF272-98506 SSC INDUSTRIES, INC. OR BASSMAN, MITCHELL & ALFANO C/O BERT STUMBERG 2,111,361 $3,378 RF272-98528 STAR DELIVERY & TRANSFER, INC. OR BASSMAN, MITCHELL & ALFANO C/O MERLE GILES 2,231,897 $3,571 TOTALS: 14 21,661,033 $34,658 CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-89826 SYRACUSE CO-OP EXCHANGE C/O ROBERT L. SMITH PO BOX 946 SYRACUSE, KS 67878 7,297,353 $11,676 RF272-89827 LORENZO GRAIN CO-OP C/O BOBBY MARLAR PO BOX 190 LORENZO, TX 79343 4,838,028 $7,741 TOTALS: 2 12,135,381 $19,417