Case No. RF272-98823

September 18, 2002

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Names of Petitioner: Cambridge Cooperative Oil Company

Date of Filing: June 27, 1994

Case Number: RF272-98823

This Decision and Order considers and ultimately grants an Application for Refund totaling $16,130 in the Subpart V crude oil refund proceeding submitted by Cambridge Cooperative Oil Company (Cambridge). Cambridge 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 Department of Energy Office of Hearings and Appeals (OHA) regards applications filed by cooperatives, such as this Applicant, that resold petroleum products to their members as claims filed on behalf of the members. See, e.g., Matagorda County Farmers Cooperative, 18 DOE ¶ 85,714 (1989); Farmers Union Oil Co., 17 DOE ¶ 85,464 (1988). To the extent that members of a cooperative are themselves end-users, the cooperative can rely upon the end-user presumption of injury and is therefore not required to make a detailed showing of injury. Therefore, OHA will consider granting a refund to a cooperative based upon products resold to its members, on the condition that the cooperative certify that it will pass through the refund to its members. 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).

Cambridge has submitted information indicating that it purchased 10,081,425 gallons of petroleum products during the consent order period. We have reviewed Cambridge’s application and have determined that it was an end-user of eligible petroleum products. Cambridge derived its purchase volume claim by consulting actual records and by using reasonable estimation techniques. In its Application, Cambridge has certified that refunds received from this proceeding will be passed through to the patron-owners of the cooperative in the form of patronage refunds.

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 10,081,425 gallons and the sum of the refund granted is $16,130.

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 Cambridge Cooperative Oil Company, Case No. RF272-98823, 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 $16,130 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:

Cambridge Cooperative Oil Company.

c/o Dow Newcomb

P.O. Box 370

Cambridge NE 69022-0370

(3) Within 60 days of the date of issuance of this Decision and Order, Cambridge Cooperative Oil Company (Cambridge) shall notify its board of directors of the amount of the refund approved for Cambridge in this Decision and Order. Cambridge shall pass through the entire amount made available to it pursuant to this Decision, without deduction for any expense.

(4) 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

(5) 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.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: September 18, 2002