Case No. RF272-95418
November 25, 1996
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Applicants: San Mateo County Superintendent, et al.
Date of Filings: May 19, 1994, et al.
Case Numbers: RF272-95418, et al.
This Decision and Order will consider Applications for Refund filed by twenty-four 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 twenty-four
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 154,217,502 gallons and the sum of the refunds granted is $246,749.
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 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 4, Account No. 999DOE010Z, to the Applicants listed in the Appendix. Each Applicants mailing address is also listed in the Appendix. The total amount of the refunds approved in this Decision and Order for the benefit of twenty-four Applicants is $246,749.
(3) To facilitate the payment of future refunds, each of 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 25, 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 RF272-95418 SAN MATEO COUNTY SCHOOLS C/O M. MATHISON OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 101,184 $162 RG272-00804 STANLEY STEEMER INTERNATIONAL C/O MARK BUNNER 5500 STANLEY STEEMER PKWY. DUBLIN, OH 43017 1,001,811 $1,603 RG272-00811 ROAD OIL, INC. OR ROAD OIL SERVICE C/O JERRY LIEBHART TIMBERLINE ACRES GRANVILLE, IL 61326 4,229,422 $6,767 RG272-00827 NIDER JERGENSEN CONSTRUCTION C/O BERNARD NIDER 831 ROBERT RD. LINCOLN, NE 68510 26,546,297 $42,474 RG272-00830 NALLY & GIBSON SURFACING INC. C/O JIM WALTERS P.O. BOX 266 SPRINGFIELD, KY 40069 33,308,580 $53,294 RG272-00831 MONSOVITZ & SONS OF FLORIDA C/O SAM SAWYER P.O. BOX 41565 JACKSONVILLE, FL 32209 8,482,152 $13,571 RG272-00833 MISSION PAVING & SEALING C/O TOM ANDREWS 815 COMMERCIAL AVE. SAN GABRIEL, CA 91776 1,216,614 $1,947 RG272-00834 MILLINGTON QUARRY, INC. C/O GARY A. MAHAN P.O. BOX 407 MILLINGTON, NJ 07946 223,116 $357 RG272-00839 MARK WILLIAMS BLACKTOP CO. C/O MARK WILLIAMS RT. 4, BOX 34 MARIETTA, OH 45750 4,481,820 $7,171 RG272-00842 LARRY W. AKSLAND 8282 VERITAS AVE. MANTECA, CA 95337 672,819 $1,077 RG272-00846 KR HOLDINGS, INC. C/O WYCK A. KNOX JR. P.O. BOX 1685 AUGUSTA, GA 30903 24,288,112 $38,861 RG272-00847 KELLY PAVING, INC. C/O JAMES KELLY SR. P.O. BOX 993 LITHONIA, GA 30058 1,250,126 $2,000 RG272-00850 INTERCOUNTY PAVING, INC. C/O HOWARD BURD JR. P.O. BOX 472; 859 WILLOW GROVE ST. HACKETTSTOWN, NJ 07840 9,968,648 $15,950 RG272-00907 BLAKTOP, INC. C/O STUART CLOSE P.O. BOX 5243, ELM ST. EXT. WEST LEBANON, NH 03784 5,227,364 $8,364 RG272-00912 ASSOCIATED GROVES OF FLORIDA C/O LEWIS C. THOMAS 7000 N.W. 32ND AVE. MIAMI, FL 33147 957,536 $1,532 RG272-00917 DOCKWATCH QUARRY PIT, INC. C/O MARVIN MAHAN P.O. BOX 407 MILLINGTON, NJ 07946 860,148 $1,376 RG272-00920 CENTRAL ILLINOIS CONTRACT. C/O LEONARD TROVERO SR. P.O. BOX 1107 LA SALLE, IL 61301 5,083,696 $8,134 RG272-00922 ZENITH TRANSPORT, INC. C/O RITA THODOS 4135 HANNEGAN RD. BELLINGHAM, WA 98226 1,364,565 $2,183 RG272-00926 POM ARLEAU TRANSFER & STRGE. C/O TERRY POMARLEAU 5518 ENTERPRISE DR. EAST WENATCHEE, WA 98802 246,163 $394 RG272-00929 W. & L.B. CO. C/O WILLIAM BRADER 105801 W. SNIPES RD. PROSSER, WA 993502449 55,828 $89 RG272-00930 WILLIAM & LAURA BRADER C/O WILLIAM BRADER 105801 W. SNIPES RD. PROSSER, WA 993502449 104,314 $167 RG272-00958 SIDWELL BROS., INC. C/O FRANK SIDWELL 4620 LIMESTONE VALLEY RD. ZANESVILLE, OH 43701 11,928,104 $19,085 RG272-00959 SHOOK ASPHALT CO. C/O GARY SHOOK 3588 W. CLEVELAND RD. PERRINTON, MI 48871 3,372,883 $5,397 RG272-00962 SCHERBENSKE EXCAVATING C/O PAM SZARKOWSKI RT. 7, BOX 42 JAMESTOWN, ND 58401 9,246,200 $14,794 Totals: 24 154,217,502 $246,749
Last Updated on 8/15/97
By OHA