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 applicants receipt of the initial crude oil refund shall also apply to that applicants 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. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM RK272-05279 DONAGHY SALES, INC. C/O EDWARD J. DONAGHY 2363 S. CEDAR AVE. FRESNO, CA 93725 948,757 $759 RF272-60173 RK272-05354 NATIONAL FIRE HOSE C/O EUGENE F. REJZER 516 E. OAKS ST. COMPTON, CA 90224 800,000 $640 RF272-65791 RK272-05585 ALLEN B. HELMS, JR. PO BOX 179 CLARKSDALE, AR 72325 416,569 $333 RF272-92935 RK272-05605 REGINA GREGORY C/O REGINA GREGORY PO BOX 2072 BANDON, OR 97411 218,942 $175 RF272-28565 RK272-05617 JAMES T. METZ PO BOX 728 SHARON, CT 06069 2,819,469 $2,256 RF272-22429 RK272-05623 WILSON BOYER REVOCABLE TRUST C/O LARRY C RICHTER TRST. PO BOX 359 COOS BAY, OR 97420 3,430,097 $2,744 RF272-28565 RK272-05627 REHEIS, INC. C/O DAVID GRAZIOSI 235 SNYDER AVE. BERKELEY HEIGHTS, NJ 07922 1,012,201 $810 RF272-66464 RK272-05638 INTERPLAST UNIVERSAL IND. C/O PRADEEP GULATI 199 GARIBALDI AVE. LODI, NJ 07644 1,428,917 $1,143 RF272-53891 RK272-05661 EUGENE CROSS, IV RT. 4, BOX 812 MARION, NC 28752 376,060 $301 RF272-56994 RK272-05662 PAUL THOMAS CROSS 1212 COOL SPRINGS RD. SANFORD, NC 27330 376,060 $301 RF272-56994 RK272-05663 EUGENE CROSS, III PO BOX 965 MARION, NC 28752 3,599,436 $2,880 RF272-56994 RK272-05678 HELMS FAMILY TRUST ALLEN B HELMS JR., TRSTEE PO BOX 179 CLARKDALE, AR 72325 277,712 $222 RF272-92935 TOTALS: 12 15,704,220 $12,564