Case No. RK272-05451
March 29, 2000
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Petitioners: Columbia Memorial Hospital et al.
Dates of Filing: August 9, 1999, et al.
Case Numbers: RK272-05451, et al.
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 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 from August 19, 1973 through January 27, 1981, multiplied by a per gallon 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 lower 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) 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 all applicants or certifications from their representatives.
The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. In each case, we were informed that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-)(2) and investigated whether the individual or firm that submitted the verification form (or upon 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 the parties listed in the Appendix are the proper recipients of those supplemental refunds. The Appendix also indicates 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 28 recipients is $51,054.
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 IV, 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, SW
Washington, D.C. 20585-0107
(4) Any conditions 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: March 29, 2000
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
(2)The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM RK272-05451 COLUMBIA MEMORIAL HOSPITAL C/O LINDA NEILSON 71 PROSPECT AVE. HUDSON, NY 12534 1,329,531 $1,064 RF272-18173 RK272-05581 DAVID E. POOVEY 715 E. VISTA GARLAND, TX 75041 357,685 $286 RF272-10953 RK272-05591 ANDREW DAIRY, INC. C/O TED M. ANDREW 170 S. 800 E. TRENTON, UT 84338 97,583 $78 RF272-11356 RK272-05599 4-D FARMS, INC. C/O CHRIS DOSSETT 3467 HWY. 136 W. HENDERSON, KY 42420 175,411 $140 RF272-30742 RK272-05600 STONES ROSES, INC. C/O RICHARD COLLINS 10 DOGWOOD LANE PATCHOGUE, NY 11772 1,359,750 $1,088 RF272-15129 RK272-05603 VIRGIL KESTER 4581 FM 18 ABILENE, TX 79602 90,246 $72 RF272-12988 RK272-05604 GOLDEN GRAVEL CO. C/O REGGIE GOLDEN PO BOX 54 LONGMONT, TX 80502 2,392,905 $1,914 RF272-24530 RK272-05612 T & M FARMS C/O ERVIN M. MATHIAS PO BOX 3436 NORTH MYRTLE BEACH, SC 295820436 161,161 $129 RF272-12046 RK272-05616 ARLENE ULRICH KAUMP 7990 SWEDE CREEK RD. RANDOLPH, KS 665549110 195,487 $156 RF272-70964 RK272-05624 COX FAMILY PROPERTY C/O ANDREA S. REID 1574 E. BRAEMERE RD. BOISE, ID 83702 177,072 $142 RF272-09230 RK272-05631 SAMSONITE CORP. C/O JAN DEEM 11200 E. 45TH AVE. DENVER, CO 80239 4,269,611 $3,416 RF272-68305 RK272-05632 AMELIA WUERTZ 23500 WCR 10 HUDSON, CO 80642 70,828 $57 RF272-09201 RK272-05633 WILLIAM H. PFLAUMER 150-68 W. MASTER ST. PHILADELPHIA, PA 19122 5,037,572 $4,030 RF272-15426 RK272-05634 KATHLEEN S. WILSON PO BOX 83, STATE RD. 16 PIASA, IL 62079 111,727 $89 RF272-16545 RK272-05637 DONALD E. SLIKE PO BOX 292, 1302 SLATE HILL RD. CAMP HILL, PA 170010292 393,801 $315 RF272-94835 RK272-05639 GLOBE PRODUCTS CO., INC. C/O TIM BENJAMIN 90 LINDEN OAKS ROCHESTER, NY 14625 3,139,639 $2,512 RF272-13118 RK272-05640 DURA AUTOMOTIVE SYSTEMS, INC. C/O JOHN ALLEN PO BOX 100, 6544 HWY. 6 BUTLER, IN 46721 1,629,000 $1,303 RF272-23900 RK272-05644 WAMPLER FOODS, INC. C/O WILLIAM LEAP PO BOX 7275 BROADWAY, VA 228157275 1,115,692 $893 RF272-76949 RK272-05645 FARMERS CO-OP ELEVATOR CO. C/O DAROL D. GRUMMERT PO BOX 66, 501 E. MAIN PLYMOUTH, NE 684240066 6,979,517 $5,584 RF272-95040 RK272-05650 DAVID COAY 20103 CHEETAH LANE ESTERO, FL 339282006 3,899,299 $3,119 RF272-29567 RK272-05651 TETLEY, INC. C/O J.PETRIZZIO, TAX DEPT PO BOX 856, 100 COMMERCE DR. SHELTON, CT 064840856 13,040,568 $10,432 RF272-19894 RK272-05652 PAULSEN, INC. C/O PAUL ROOHOUSE PO BOX 17, 1116 HWY. 30 COZAD, NE 69130 16,734,246 $13,387 RF272-23523 RK272-05657 MRS. EARL DRILLING, JR. 28238 "S" AVE. WAUCOMA, IA 52171 128,508 $103 RF272-73508 RK272-05658 E.C. MAPP 612 HWY. 51, S.E. BOGUE CHITTO, MS 39629 403,295 $323 RF272-23471 RK272-05659 JUAN LAMAS PO BOX 1818 ARANSAS PASS, TX 78336 176,000 $141 RF272-72095 RK272-05660 CLAIRE A. DODD 26 MAPLE AVE., PO BOX 149 WEST WARWICK, RI 02893 116,612 $93 RF272-93648 RK272-05666 JAMES THOMPSON PO BOX 366 GREENUP, IL 624280366 116,770 $93 RF272-73719 RK272-05668 DELLA M. HEISS PO BOX 7 PAGE, NE 68766 119,194 $95 RF272-71731 TOTALS: 28 63,818,710 $51,054