Case No. RF272-96122

February 06, 2002

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Name of Petitioner: Bracken Construction Company

Date of Filing: May 31, 1994

Case Number: RF272-96122

This Decision and Order considers and ultimately grants the Application for Refund of Bracken Construction Company (Applicant), releasing a total of $6,198 in the Subpart V crude oil refund proceeding. The Applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy (DOE) pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The 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 the Applicant and determined that it was an end- user of eligible petroleum products. The Applicant derived its purchase volume claim by using reasonable estimation techniques. After considering the Application carefully, we have concluded that a refund is warranted for the purchase volume and in the amount set forth in the Appendix attached to the Decision.(1) The total volume for which a refund is approved in this Decision is 3,873,910 gallons and the amount of the refund granted is $6,198.

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, as we near the resolution of the remaining pending claims, whether any further payment is appropriate.

It Is Therefore Ordered That:

(1) The Application for Refund filed by Bracken Construction Company for all available crude oil overcharge funds is 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 Departmen of Energy shall take appropriate action to disburse $6,198 from the DOE deposit fund escrow account maintained at the Department of Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to the applicant listed in the Appendix.

(3) To facilitate the payment of any future refunds, the Applicant 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 Applicant. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying the 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:February 6, 2002

(1)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 in this determination.