Case No. RK272-05569

September 13, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Holman, Inc. et al.

Dates of Cases: November 11, 1999 et al.

Case Numbers: RK272-05569 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 3 applicants totaling $5,701. We identified each case as requiring individualized review. 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 entitled to receive the supplemental refund. On the basis of that investigation, we have determined that each of the applicants is entitled to 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 $5,701 to the 3 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: September 13, 2000

Appendix

CASE NO. APPLICANTCONTACT/FIRM STREET ADDRESSCITY/STATE VOLUME REFUND RF NUM
RK272-05569 HOLNAM, INC.C/O KENT JENSEN 6211 N. ANN ARBOR RD., PO BOX 122DUNDEE, MI 48131    469,798$376 RF272-93598
RK272-05646ELF ATOCHEM NORTH AMERICA, INC C/O REBECCA J. BERNSTEIN 2000 MARKET ST. PHILADELPHIA, PA 19103    4,956,500$3,965 RF272-60158
RK272-05707KENNETH ALLARD  4712 COUNTRY HWY. 5 HARVEY, ND 583418438 1,699,891$1,360RF272-37732
TOTALS:3 7,126,189$5,701