Case No. RG272-00820

November 7, 1996

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Applicants: Pepin Distributing Co., et al.

Date of Filings: July 5, 1995, et al.

Case Numbers: RG272-00820, et al.

This Decision and Order will consider Applications for Refund filed by fifteen Applicants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each Applicant listed in the attached Appendix has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986).

In the past, purchasers of refined products were able to apply to the OHA for a refund from crude oil overcharge funds collected by the DOE. 51 Fed. Reg. 27899 (August 4, 1986). We have established refund procedures for these funds, which have been made available through consent orders between the DOE and numerous firms that sold crude oil during the price control period. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987) (Berry); A. Tarricone, Inc., 15 DOE ¶ 85, 495 (1987); Mountain Fuel Supply Co., 14 DOE ¶ 85,475 (1986).

In order to receive a refund for crude oil overcharges, an Applicant generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. However, applicants that were end users of petroleum products and whose business was unrelated to the petroleum industry are presumed to have been injured. As such, they need not submit proof of injury to receive a refund in the Subpart V proceeding. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by these fifteen Applicants and determined that each was an end user of petroleum

products.(1)Each of the Applicants listed in the Appendix has documented its purchase volumes. The purchase volumes and refunds approved for each Applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 27,505,718 gallons and the sum of the refunds granted is $44,010.

The final deadline for submitting Applications in 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 after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

It Is Therefore Ordered That:

(1) The fifteen Applications for Refund filed by the claimants listed in the Appendix to this Decision and Order for all available crude oil overcharge funds are 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 the refund amounts set forth in the Appendix to this Decision and Order from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants II, Account No. 999DOE008Z, to the Applicants listed in the Appendix. Each Applicant’s mailing address is also listed in the Appendix. The total amount of refunds approved in this Decision is $44,010.

(3) To facilitate the payment of future refunds, the Applicants 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 Applicants. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying a 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: November 7, 1996

(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 involved in this determination.


Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND
RG272-00820 PEPIN DISTRIBUTING CO. C/O ROBERT J. AMMON 6401 N. 54TH ST. TAMPA, FL 33610 1,167,346 $1,868
RG272-00823 OREGON CHERRY GROWERS, INC. C/O JUDY HENRY 1520 WOODROW ST., N.E. SALEM, OR 97303 359,715 $576
RG272-00840 M.A. LAYMAN & SONS, INC. C/O H.B. LAYMAN JR. P.O. BOX 348 HARRISONBURG, VA 22801 4,847,655 $7,756
RG272-00874 CARLSON MINING C/O ALAN CARLSON RD 6, BOX 483 NEW CASTLE, PA 161019423 1,567,816 $2,509
RG272-00882 STUART, TORNO & STUART, INC. C/O JAMES P. STUART P.O. BOX 429 EAST LEBANON, ME 04027 347,082 $555
RG272-00932 MARK BIENHOFF RR 1, BOX 15A LAPRAIRIE, IL 62346 77,112 $123
RG272-00933 MERLE E. LESLIE OR LESLIE FAMILY FARM TRUST P.O. BOX 6 DACOMA, OK 73731 387,377 $620
RG272-00936 J.I. MORGAN OF OREGON, INC. OR J.I. MORGAN, INC. C/O DAN BABINEAU P.O. DRAWER D NEW MEADOWS, ID 83654 643,373 $1,029
RG272-00939 J.I. MORGAN, INC. C/O DAN BABINEAU P.O. DRAWER D NEW MEADOWS, ID 83654 3,840,924 $6,145
RG272-00940 STIMSON LUMBER CO. C/O RONALD L. MUNDT 520 S.W. YAMHILL #308 PORTLAND, OR 97204 4,670,413 $7,473
RG272-00976 HANOVER SHOE CO. C/O LENNY BUCHER C/O C & J CLARK AMERICA 240 KINDIG LANE HANOVER, PA 17331 327,292 $524
RG272-00978 NORMAN & PAUL ROSMAN C/O PAUL ROSMAN 9411 MERRILL MORTON GROVE, IL 60053 7,501,004 $12,002
RG272-00979 B & B EXCAVATING, INC. C/O RONAN MURRAY DRAWER 249 VAIL, CO 81658 1,058,004 $1,693
RG272-00987 BALCH PETROLEUM, INC. C/O TOM BALCH 930 AMES AVE. MILPITAS, CA 95035 329,164 $527
RR272-00262 T.A. LOVING CO. C/O ROGER TAYLOR 2523 N. WILLIAM ST. GOLDSBORO, NC 27530 381,441 $610
Totals: 15       27,505,718 $44,010


Last Updated on 8/15/97
By OHA