Case No. RF272-56508
June 12, 2000
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Forester Co., et al.
Dates of Filing: May 16, 1988, et al.
Case Numbers: RF272-56508, et al.
This Decision and Order grants to 9 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 126,434,345 gallons of petroleum products during the period of price controls.(1)
Each Applicant used these products to operate a county, township, or business. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $202,295 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 9 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 $202,295 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.
(5) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: June 12, 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 ADDRESS CITY/STATE VOLUME REFUND RF272-56508 FORESTER CO. C/O ANTHONY J. COLLETTI 111-20 73RD AVE. FOREST HILLS, NY 11375 1,262,580 $2,020 RF272-76008 GOODMAN MANAGEMENT CO., INC. C/O UTILITY BILL ANALYSIS C/O RICHARD GOODMAN 72 BROOKLINE AVE. EAST ATLANTIC BEACH, NY 11561 3,543,250 $5,669 RF272-86407 CITY OF DELRAN C/O JEFF HATCHER 900 CHESTER AVE. DELRAN, NJ 08075 315,630 $505 RF272-86422 FRANKLIN COUNTY OR PETROLEUM FUNDS, INC. C/O RICK HUFF PO BOX 1380 PARIS, TN 38242-9986 1,222,392 $1,956 RF272-86423 TOWNSHIP OF EAST HANOVER OR PETROLEUM FUNDS, INC. C/O C. RICHARD PADUCH PO BOX 1380 PARIS, TN 38242-9986 485,646 $777 RF272-86449 CITY OF PALMDALE OR PETROLEUM FUNDS, INC. C/O ALISON KRISS PO BOX 1380 PARIS, TN 38242-9986 517,898 $829 RF272-86462 PHILLIPS COUNTY OR PETROLEUM FUNDS, INC. C/O DON GENTRY PO BOX 1380 PARIS, TN 38242-9986 582,961 $933 RF272-87810 RANKIN COUNTY OR PETROLEUM FUNDS, INC. C/O SHIRLEY MCLAURIN PO BOX 1380 PARIS, TN 38242-9986 2,522,716 $4,036 RF272-98876 ALASKA INTERNATIONAL AIR C/O JERRY BEELER PO BOX 91392 ANCHORAGE, AK 99509-1392 115,981,272 $185,570 TOTALS: 9 126,434,345 $202,295