Case No. RK272-05586

February 28, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Jerry Hubing, et al.

Dates of Cases: December 21, 1999, et al.

Case Numbers: RK272-05586, 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 the 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 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.

This Decision and Order contains the names and addresses of 23 claimants 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 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 the parties listed in the Appendix are the proper recipients of the supplemental refunds. The dollar amount of the supplemental refunds being approved in this Order for the 23 claimants is $25,969.

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 $25,969 to the 23 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 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:February 28, 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 ADDRESSCITY/STATEVOLUME REFUND RF NUM
RK272-05586JERRY HUBING  N7830 PELSDORF AVE. LOYAL, WI 54446 88,536$71 RF272-36708
RK272-05590HELEN SPARKMAN   BOX 389 ELKHART, KS 67950 278,888$223 RF272-37192
RK272-05593HAROLD M. SCHROETLIN   128 S. GUMYUMA, CO 80759 168,466$135 RF272-64838
RK272-05594FRED M. SCHROETLIN   11336 COUNTY RD. 57 YUMA, CO 80759 90,707$73 RF272-64838
RK272-05595MARK E. SCHROETLIN   705 S. SHERIDAN HOLYOKE, CO 80734 86,480$69 RF272-64838
RK272-05596JAMES L. SCHROETLIN   1018 S. ASHYUMA, CO 80759 35,148$28 RF272-64838
RK272-05597MADELINE D. WRIGHT   562 KINGFISHER CIRCLE BRICK, NJ 08723 1,882,500 $1,506RF272-56825
RK272-05598FORREST REEDER   10820 S. CNTY RD. LOSANTVILLE, IN 47354 143,211$115 RF272-32830
RK272-05601ANDREW MILLER  2521 118TH AVE., SE VALLEY CITY, ND 58072 141,657$113 RF272-47532
RK272-05602SONDRA KAY SPRICK   1060 VILLA VISTA DR. COLBY, KS 67701 364,330$291 RF272-54041
RK272-05608COBURG DAIRY, INC. C/O LLOYD A. PEARSON 5000 LACROSS RD. N. CHARLESTON, SC 2940606551,360,500 $1,088RF272-61232
RK272-05610JIMMIE D. & CHERYL D. RODGERSC/O JIMMIE D. RODGERS PO BOX 2290GILLETTE, WY 827172290 1,305,586 $1,044RF272-65572
RK272-05611SHARON T. CATES   8132 PRUITT AGNEW RD. HENDERSON, KY 424209666 70,829$57 RF272-38845
RK272-05613J.A. GREEN DEVELOPMENT CORP.C/O ROBERT LASH 756 PORT AMERICA PL., STE. 800GRAPEVINE, TX 76051 1,810,000 $1,448RF272-43823
RK272-05614TUSCAN/LEHIGH DAIRIES, INC.C/O MIKE AMBRUSO 880 ALLENTOWN RD. LANSDALE, PA 19446 10,071,700 $8,057RF272-54895
RK272-05621ROSA D. BELLINHAUSEN   1621 W. MAIN, POB 389 MUNDAY, TX 76371 233,866$187 RF272-59330
RK272-05625FRANK ELZY  RT. 3, BOX 370 SULLIVAN, IL 61951 143,605$115 RF272-41389
RK272-05626LEMMON-THUNDER HAWK CO-OPC/O TIM ANDERSON 12502 S.D. HWY. 73 MEADOW, SD 57644 5,147,132 $4,118RF272-62388
RK272-05630CAROL M. DILTS   4200 SW 125THSEDGWICK, KS 67135 208,990$167 RF272-53053
RK272-05635HONEYWELL INTERNATIONAL, INC.C/O VICTOR P. PATRICK 101 COLUMBIA RD. AB/2 MORRISTOWN, NJ 07962 5,752,500 $4,602RF272-44642
RK272-05636JOHN M. BAKER  11586 PALM MEADOWS DR. RANCHO CUCAMONGA, CA 917302,678,400 $2,143RF272-65696
RK272-05641EVELYN B. PETER   1927 HWY. 22 W. MADISONVILLE, LA 70447 142,897$114 RF272-55364
RK272-05642BERNARD RUBIN  4701 15TH AVE. BROOKLYN, NY 11219 256,700$205 RF272-65019
TOTAL: 23      32,462,628 $25,969