Case No. RK272-01849

November 27, 1996

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: International Mill Service et al.

Dates of Filing: July 25, 1995 et al.

Case Numbers: RK272-01849 et al.

Pursuant to the long-standing policy of the Department of Energy (DOE), thousands of purchasers of petroleum products have applied for, and been granted, refunds from crude oil overcharge funds under jurisdiction of the DOE's Office of Hearings and Appeals (OHA). See Statement of Modified Restitutionary Policy To Be Implemented In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil funds are set forth at 10 C.F.R. Part 205, Subpart V.

The OHA has approved more than 87,000 requests for refund from the pool of crude oil overcharge funds. In Subpart V crude oil refund cases, a claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period from August 19, 1973 through January 27, 1981, multiplied by a per gallon amount. That per gallon refund amount is derived by dividing the total refund monies available by the total U.S. consumption of petroleum products during the crude oil price control period. Refunds had been calculated by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor had been in use since April 1989, when it replaced an earlier volumetric factor of $0.0002 per gallon. Any applicant who received a refund at the lower volumetric factor has also received a supplemental refund based on an additional $0.0006 per gallon. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).

Additional crude oil overcharge funds have become available for disbursement and we can now issue additional refund checks to applicants. Sufficient funds are available to pay applicants at a new, aggregate rate of $0.0016 per gallon.(1) Thus, the amount of the supplemental refund will be equal to the refund already received. Refunds are rounded to the nearest dollar.

In order to receive a supplemental refund check, applicants are being required to verify (directly or through their representatives) that their name and address in our records are correct, to correct any information that is not accurate, and to indicate whether there has been any change in circumstances affecting the payment of the refund. We intend to issue a series of Decision and Orders approving supplemental refunds as we receive completed verification forms from all applicants or certifications from their representatives.

The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. In each case, we were informed that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-)(2) and investigated whether the individual or firm that submitted the verification form (or upon whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds.(3) The Appendix also indicates the dollar amount of the supplemental refund for each applicant. The total amount of additional refunds being approved in this Order for the benefit of 21 recipients is $51,257.

It Is Therefore Ordered That:

(1) 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 a supplemental refund to each Crude Oil Refund Recipient set forth in the Appendix to this Order.

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of the Treasury.

(3) To facilitate the payment of future refunds, an applicant shall notify the Office of Hearings and Appeals in the event that there is a change of 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

Washington, D.C. 20585-0107

(4) Any conditions that applied to an applicant's receipt of the initial crude oil refund shall also apply to that applicant's receipt of this supplemental refund.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: November 27, 1996

(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

(2)The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.

(3)In three instances, we were informed that a firm had been dissolved and that each of the former owners wished to receive an individual refund check. Therefore, each owner was assigned a separate RK272- case number, and the approved volume claim was allocated to each owner based on the percentage of his ownership interest. In this Decision case numbers RK272-03473 and RK272-3904 were assigned to RF272-31950; case numbers RK272-03937, RK272-04002, RK272-04003, and RK272-04004 were assigned to RF272-24473; and case numbers RK272-03964 and RK272-04005 were assigned to RF272-28042. If there are any future disbursements of crude oil funds, these cases will be known by their RK272- numbers and the refunds will be calculated on the adjusted gallonage amounts.


Appendix
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM
RK272-01849 INTERNATIONAL MILL SERVICE C/O DEBORA A. ZAWATSKI 354 HOOKSTOWN GRADE RD. CLINTON, PA 15026 5,723,106 $4,578 RF272-30460
RK272-03004 SACRED HEART MEDICAL CTR. C/O JOSEPH F. HODGSON 9TH & WILSON STS. CHESTER, PA 19013 2,024,265 $1,619 RF272-29337
RK272-03473 FOOS FARMS OR RANDY & LEE FOOS RT. 1, BOX 256 JOLIET, MT 59041 133,333 $107 RF272-31950
RK272-03903 FRANCISCAN HOSPITAL MOUNT AIRY CAMPUS C/O LORI KNAUF 2446 KIPLING AVE. CINCINNATI, OH 45239 1,100,698 $881 RF272-12179
RK272-03904 FOOS FARMS OR JOHN FOOS 3608 FT. LARAMIE DR. BILLINGS, MT 59102 66,667 $53 RF272-31950
RK272-03917 VALORES KAUFMAN RT. 2, BOX 131 NEWMAN GROVE, NE 687589536 337,472 $270 RF272-21558
RK272-03918 LONE STAR CO. C/O JEFFREY H. MIMS 3102 OAK LAWN AVE., #700 DALLAS, TX 75219 10,970,399 $8,776 RF272-29775
RK272-03925 SCHROEDER FARMS, INC. C/O BETTY M. SCHROEDER 5586 CNTY RD. 21 ARCHBOLD, OH 48502 593,164 $475 RF272-20374
RK272-03930 G & S LAND LEVELING, INC. C/O STEWART ANDERSON 843 21ST RD. AXTELL, NE 68924 871,480 $697 RF272-21566
RK272-03937 DEAN L. EVERT 3030 GATEWAY PLACE MADISON, WI 53704 7,949,653 $6,360 RF272-24473
RK272-03945 CRANE CREEK CONSTRUCTION, INC. C/O GERALD REDMAN P.O. BOX 246 OWATONNA, MN 55060 9,288,648 $7,431 RF272-10920
RK272-03947 ANTONIDES LEASING C/O NADINE ANTONIDES 632 E. MITCHELL KENDALLVILLE, IN 46755 968,834 $775 RF272-19491
RK272-03961 DR. PEPPER BOTTLING CO. - TX. C/O HOLLY S. LOVVORN P.O. BOX 655024 DALLAS, TX 752655024 7,208,692 $5,767 RF272-00122
RK272-03964 TRIASCO CORP. OR CHARLES K. STAYTON 7625 ELK CREEK RD. MIDDLETOWN, OH 45042 5,879,916 $4,704 RF272-28042
RK272-03965 GENEIVE STOKER 760 S. BILLINGTON OTHELLO, WA 99344 635,157 $508 RF272-20020
RK272-03971 JOLICOEUR TRUCKING OR ROBERT JOLICOEUR 439 HAMILTON BUFFALO, WY 82834 510,471 $408 RF272-16202
RK272-04000 COCA-COLA BOTTLING OF NATCHEZ C/O SCOTT EASTERWOOD 499 S. HOLLYWOOD ST. MEMPHIS, TN 38111 521,622 $417 RF272-00130
RK272-04002 CONSOLIDATED PAVING OR STACEY EVERT C/O DEAN EVERT 3030 GATEWAY PLACE MADISON, WI 53704 1,135,665 $909 RF272-24473
RK272-04003 CONSOLIDATED PAVING OR DAVID EVERT C/O DEAN EVERT 3030 GATEWAY PLACE MADISON, WI 53704 1,135,665 $909 RF272-24473
RK272-04004 CONSOLIDATED PAVING OR CHRIS EVERT C/O DEAN EVERT 3030 GATEWAY PLACE MADISON, WI 53704 1,135,665 $909 RF272-24473
RK272-04005 TRIASCO CORP. OR H. RICHARD SMITH 2514 ATCO AVE. MIDDLETOWN, OH 45042 5,879,916 $4,704 RF272-28042
Totals: 21       64,070,488 $51,257  


Last Updated on 8/15/97
By OHA