Case No. RF272-96086

January 12, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:McKenzie Tractor Co., et al.

Dates of Filings: May 25, 1994, et al.

Case Numbers: RF272-96086, et al.

This Decision and Order considers and ultimately grants 23 Applications for Refund, releasing a total of $64,043 in the Subpart V crude oil refund proceeding. The names of the 23 applicants 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 and each has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). Each applicant relies on the presumption of injury for end-users as the basis for its refund claim. Under this presumption, OHA will presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by all 23 applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. (1) 1/ After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision. 2/(2) The total volume for which refunds are approved in this Decision is 40,026,756 gallons and the sum of the refunds granted is $64,043.

The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the 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 the refund amounts set forth in the Appendix to this Decision and Order from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to the applicants or their representatives. Refund checks totaling $64,043 shall be sent to the applicants or their representatives at the addresses indicated in the Appendix to this Decision and Order.

(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 in its 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 material submitted by the applicants. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying the refund applications is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date:January 12, 2000

(1)Some of the applications under consideration were submitted by private filing services.

(2)Interested parties were given an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any application involved in this determination.

Appendix

CASE NO. APPLICANT CONTACT STREET ADDRESSCITY/STATEVOLUME REFUND
RF272-96086MCKENZIE TRACTOR CO. C/O KENYON F. MCKENZIE OR PETROLEUM FUNDS, INC.PO BOX 1380PARIS, TN 382429986 122,410 $196
RF272-96094CITY OF SANGER C/O ED LARRABEE  1700 7TH ST.SANGER, CA 93657 152,445 $244
RF272-96095CITY OF AMSTERDAM, NY C/O ANTHONY COSENTINO  345 E. MAIN ST. AMSTERDAM, NY 12010 810,640 $1,297
RF272-96106BURN CONSTRUCTION CO., INC.C/O MATT SUGERMAN  P.O. DRAWER 1869 LAS CRUCES, NM 88004 17,736,913 $28,379
RF272-96107LANCE J. ELLER, INC. C/O ALBERT LECATO JR.  PO BOX 885ONLEY, VA 23418 8,560,153 $13,696
RF272-96108KENDALL DRILLING CO., INC.C/O JAMES W. KENDALL  1015 A MAIN ST. EVANSVILLE, IN 47708 1,788,970 $2,862
RF272-96109JOHN HEXT JR. CONSTRUCTION CO.OR JOHN HEXT JR.  607 3RD ST.JASPER, TX 75951 227,840 $365
RF272-96112ALABAMA ELECTRIC CO., INC.C/O F.E. RHODES  PO BOX 8277DOTHAN, AL 36304 394,976 $632
RF272-96113WACO MEAT SERVICE, INC. C/O J.T. HARRELL  PO BOX 7249WACO, TX 76714 414,083 $663
RF272-96114D'ANNA BROTHERS PRODUCE CO.C/O VINCE J. D'ANNA  90 MARKET ST.SHREVEPORT, LA 71101 379,458 $607
RF272-96115CLAIR HUGHES TRUCKING, INC.C/O CLARK E. SMITH  810 MAIN ST., BOX 264 CALDWELL, OH 43724 429,516 $687
RF272-96118CARSON COUNTY FEEDYARD, INC.C/O FRANK SIMMS  RT. 3, BOX 7PANHANDLE, TX 79068 315,382 $505
RF272-96119TOLLESON LUMBER CO., INC.C/O JOHN D. IRWIN  P.O. DRAWER EPERRY, GA 31069 206,803 $331
RF272-96120WASSERMAN REALTIES OR ALEXANDER WASSERMAN & EVELYN WASSERMAN1603 MCDONALD AVE. BROOKLYN, NY 11230 937,500 $1,500
RF272-96121DURHAM MFG. CO., INC. C/O DICK DEMPSEY  PO BOX 479GALLATIN, TN 37066 340,045 $544
RF272-96123BUTLER LAND & TIMBER CO., INC.C/O WILLIAM G. SIMPSON  PO BOX 390COLUMBIA, NC 27925 266,299 $426
RF272-96125CLAWSON TRUCKING CO., INC.C/O MYRNA CLAWSON  PO BOX 1460CERES, CA 95307 212,766 $340
RF272-96128BUCKINGHAM WOOD PRODUCTS, INC.C/O WILEY R. HUGHES  PO BOX 640RAPID CITY, SD 577090640236,668 $379
RF272-96130HI-GEAR TIRE & AUTO SUPPLYC/O STAN LOVE  110 RITCHIE RD. CAPITOL HEIGHTS, MD 20743288,693 $462
RF272-96131ALAMO IRON WORKS, INC. C/O MARK SOBOTIK  PO BOX 231SAN ANTONIO, TX 782910231526,533 $842
RF272-96222CITY OF FLORENCE C/O BILL BRAMLETT OR ENERGY REFUNDS, INC.31 SMALL LANEHARDIN, KY 42048 2,606,451 $4,170
RF272-96233LEXINGTON-FAYETTE CNTY GOVT.C/O LINDA AIN  200 E. MAIN ST. LEXINGTON, KY 40507 1,693,598 $2,710
RG272-00149BRABAZON ALPINE PAVING & TRUCKC/O KATHLEEN BRABAZON  5738-A WILLOWS RD. ALPINE, CA 91901 1,378,614 $2,206
TOTALS:23       40,026,756 $64,043