Case No. RF272-86596

September 30, 2002

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Names of Petitioner: We Transport, Inc.

Date of Filing: December 4, 1990

Case Number: RF272-86596

This Decision and Order considers and ultimately grants an Application for Refund totaling $2,918 in the Subpart V crude oil refund proceeding submitted by We Transport, Inc. (WTI). 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).

WTI has submitted information indicating that it had purchased 1,823,972 gallons of petroleum products during the consent order period. We have reviewed WTI’s application and have determined that the firm was an end-user of eligible petroleum products. WTI derived its purchase volume claim by consulting actual records and by using reasonable estimation techniques.

After considering the Application carefully, we have concluded that a refund is warranted for the purchase volume claimed in the Applicant’s submission. The total volume for which a refund is approved in this Decision is 1,823,972 gallons and the sum of the refund granted is $2,918.

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 to be made.

It Is Therefore Ordered That:

(1) The Application for Refund filed by We Transport, Inc., Case No. RF272-86596, 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 Department of Energy shall take appropriate action to disburse $2,918 from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z. The check should be made out to and sent to the following address:

We Transport, Inc.

Attn: Bart Marksohn, Vice President

303 Sunnyside Boulevard, Suite 30

Plainview, NY 11803

(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: September 30, 2002