Case No.RB272-00166

May 31, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner: Crude Oil Supplemental Refund Distribution

Date of Filing: May 19, 2000

Case Number: RB272-00166

This decision grants supplemental crude oil 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 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 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 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 the applicants listed in the Appendix to this decision. For each applicant, the Appendix contains the name, address, original case number, and the amount of the supplemental refund. The decision approves supplemental refunds for 5 applicants, totaling $1,690.

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 the supplemental refunds set forth in the Appendix to this Order.

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants 4, 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, S.W.

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: May 31, 2000

APPENDIX   RB272-00166      
CASE NO.FIRM ADDRESS REFUND
RF272-50837POLK COUNTYC/O ROGER DIESEN 612 N. BROADWAY, #207 CROOKSTON, MN 567161452 $74
RF272-53911UNITY MEDICALATTN: BUSINS OFFCE 52070550 OSBORNE RD. FRIDLEY, MN 55432 $909
RF272-64613N.N. JAESCHKE, INC. C/O ELEANOR HUGUS 9610 WAPLES ST. SAN DIEGO, CA 92121 $271
RF272-65738PERKASIE INDUSTRIES CORP.C/O JONATHAN HENDLER 50 E. SPRUCE ST., POB 179PERKASIE, PA 18944 $298
RF272-93623MUNDAY PONTIAC C/O GRETCHEN WEISENHORN PO BOX 1689AUSTIN, TX 78767 $138
TOTALS:5 RB272-00166     $1,690