Case No. RF272-86371

March 16, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Township of Ridley, et al.

Dates of Filing: January 30, 1991, et al.

Case Numbers: RF272-86371, et al.

This Decision and Order grants to 13 Applicants refunds in the Subpart V crude oil special refund proceeding. The names of these claimants are set forth in the Appendix to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973, through January 27, 1981 (the crude oil price control period).

In the past, purchasers of refined petroleum products could apply for refunds from crude oil overcharge funds collected by the DOE from firms that sold crude oil during the price control period. Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986); 10 C.F.R. Part 205. The Office of Hearings and Appeals has established refund procedures for these funds. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987).

The refund procedures presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE's or its predecessors' price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). The Applicants in this case are end-users of refined petroleum products. The Applicants claim, based upon estimates and actual records, that they purchased a total of 56,871,226 gallons of petroleum products during the period of price controls.(1)

Each Applicant used these products to operate a school, city, town, county, township, or business. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $90,994 is warranted. The amount each Applicant will receive is listed in the Appendix to the Decision and Order. It is the policy of the DOE to

pay all crude oil refund claims that were filed by June 30, 1995, the final deadline for the crude oil proceeding, at the rate of $.0016 per gallon. We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we know how much money is remaining after all outstanding enforcement proceedings are resolved.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the 13 claimants listed in the Appendix 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 a total of $90,994 from the DOE deposit fund escrow account denominated Crude Tracking - Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury. The checks for the Applicants listed on Appendix shall be made payable to the Applicants and shall be sent to the addresses listed on 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 materials submitted by the Applicants. These determinations may be revoked or modified at any time upon a finding that the basis underlying any refund application is incorrect.

(6) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: March 16, 2000

(1)Interested parties were provided with an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any Application considered in this Decision.

Appendix

CASE NO. APPLICANT CONTACT STREET ADDRESSCITY/STATEVOLUME REFUND
RF272-86371TOWNSHIP OF RIDLEY OR PETROLEUM FUNDS, INC. C/O BHAISE CAPONIPO BOX 1380PARIS, TN 382429986 634,381$1,015
RF272-86378CITY OF COLEMAN OR PETROLEUM FUNDS, INC. C/O DAVID S. SOOTERPO BOX 1380PARIS, TN 382429986 691,226$1,106
RF272-86385TOWN OF BRIGHTON OR PETROLEUM FUNDS, INC. C/O MARION BROWNPO BOX 1380PARIS, TN 382429986 1,789,469 $2,863
RF272-86386BOROUGH OF BALDWIN OR PETROLEUM FUNDS, INC. C/O SHIRLEY A. KUCHTAPO BOX 1380PARIS, TN 382429986 603,674$966
RF272-86388TOWN OF BOYLSTON OR PETROLEUM FUNDS, INC. C/O IRENE M. SYMONDSPO BOX 1380PARIS, TN 382429986 279,365$447
RF272-86392CITY OF UHRICHSVILLE   C/O RICHARD L. DORLAND305 E. 2ND ST. UHRICHSVILLE, OH 44683 736,448$1,178
RF272-86398BLAND COUNTYOR PETROLEUM FUNDS, INC. C/O GARY L. CUTLIPPO BOX 1380PARIS, TN 382429986 473,095$757
RF272-86435WAYNE COUNTYOR PETROLEUM FUNDS, INC. C/O MAX A. SMITHPO BOX 1380PARIS, TN 382429986 8,528,298 $13,645
RF272-89019SANTA BARBARA ROOFING   C/O MERLYN DERRICK650 WARD DR.SANTA BARBARA, CA 93111 952,883$1,525
RF272-89311A-1 PAVING  C/O LOU DALESSIO132 GARDEN ST., #8 SANTA BARBARA, CA 93101 548,879$878
RF272-89495VICTORIA CATHOLIC CEMETERIES  C/O REV EUSTACE A. HERMESPO BOX 4070VICTORIA, TX 77903 5,600$9
RR272-00094EASTERN MOTOR TRANSPORT, INC.OR PETROLEUM FUNDS, INC. C/O HENRY W. MCCRAYPO BOX 1380PARIS, TN 382429986 5,209,915 $8,336
RR272-00145HEINZ U.S.A.  C/O WILLIAM L. WALTON10501 WILSHIRE BLVD. LOS ANGELES, CA 90024 36,417,993 $58,269
TOTALS: 13      56,871,226 $90,994