Case No. RK272-05279

April 27, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Donaghy Sales, Inc. et al.

Dates of Cases: June 29, 1999 et al.

Case Numbers: RK272-05279 et al.

This decision grants supplemental crude oil overcharge refunds. The names of the recipients and the amount of the refunds are listed in the appendix to this decision.

This supplemental refund decision concerns the crude oil overcharge refund proceeding. 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 Modified Statement of Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil overcharge funds are set forth at 10 C.F.R. Part 205, Subpart V. The deadline for applications in the crude oil proceeding was June 30, 1995. The OHA has approved more than 87,000 crude oil overcharge applications. 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, also referred to as the volumetric, 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. Originally, the DOE calculated refunds at a $0.0002 per gallon volumetric. In 1989, the DOE increased the volumetric to $0.0008 per gallon, and applicants that had been paid at the lower $0.0002 per rate were eligible for a $0.0006 supplemental payment. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989). In 1995,

the DOE increased the volumetric to $0.0016 per gallon. Accordingly, applicants that had been paid at the lower $0.0008 per rate became eligible for an $0.0008 supplemental refund. Refunds are rounded to the nearest dollar.

In order to receive a supplemental refund check, applicants are required to verify 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.

This decision approves supplemental refunds for 12 applicants totaling $12,564. In each case, the applicant informed us that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-) and investigated whether the party that submitted the verification form (or on whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that each of the applicants is the proper recipient of the supplemental refund. For each applicant, the appendix lists the name, address, original case number, new “RK272-” case number, and the amount of the supplemental refund. The new case number replaces the original number. For all future purposes, the application will be known by the new case number.

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 supplemental refunds totaling $12,564 to the 12 claimants at the addresses and in the amounts specified in the appendix to this decision.

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of 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: April 27, 2000

Appendix

CASE NO. APPLICANTCONTACT/FIRM STREET ADDRESSCITY/STATE VOLUME REFUND RF NUM
RK272-05279DONAGHY SALES, INC.C/O EDWARD J. DONAGHY 2363 S. CEDAR AVE. FRESNO, CA 93725 948,757$759 RF272-60173
RK272-05354NATIONAL FIRE HOSEC/O EUGENE F. REJZER 516 E. OAKS ST.COMPTON, CA 90224800,000$640 RF272-65791
RK272-05585ALLEN B. HELMS, JR.  PO BOX 179CLARKSDALE, AR 72325 416,569$333 RF272-92935
RK272-05605REGINA GREGORYC/O REGINA GREGORY PO BOX 2072BANDON, OR 97411218,942 $175RF272-28565
RK272-05617JAMES T. METZ  PO BOX 728SHARON, CT 060692,819,469$2,256 RF272-22429
RK272-05623WILSON BOYER REVOCABLE TRUST C/O LARRY C RICHTER TRST. PO BOX 359COOS BAY, OR 974203,430,097$2,744 RF272-28565
RK272-05627REHEIS, INC.C/O DAVID GRAZIOSI 235 SNYDER AVE.BERKELEY HEIGHTS, NJ 07922 1,012,201$810RF272-66464
RK272-05638INTERPLAST UNIVERSAL IND. C/O PRADEEP GULATI 199 GARIBALDI AVE. LODI, NJ 076441,428,917$1,143 RF272-53891
RK272-05661EUGENE CROSS, IV  RT. 4, BOX 812MARION, NC 28752376,060$301 RF272-56994
RK272-05662PAUL THOMAS CROSS  1212 COOL SPRINGS RD. SANFORD, NC 27330 376,060$301 RF272-56994
RK272-05663EUGENE CROSS, III  PO BOX 965MARION, NC 287523,599,436$2,880 RF272-56994
RK272-05678HELMS FAMILY TRUSTALLEN B HELMS JR., TRSTEE PO BOX 179CLARKDALE, AR 72325277,712$222 RF272-92935
TOTALS:12 15,704,220$12,564