Case No. RF272-87150

November 15, 1996

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Columbia Township Schools, et al.

Dates of Filing: March 21, 1991, et al.

Case Numbers: RF272-87150, et al.

This Decision and Order grants to 33 Applicants refunds totaling $176,798 in the Subpart V crude oil special refund proceeding. The names of these claimants are set forth in the Appendices to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973, through January 27, 1981 (the crude oil price control period). Each Applicant requests a refund from crude oil funds collected by the DOE and relies on the presumption of injury for end-users.

Purchasers of refined petroleum products were able apply to the OHA for a refund from crude oil overcharge funds collected by the DOE from firms that sold crude oil during the price control period. Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986); 10 C.F.R. Part 205. The Office of Hearings and Appeals has established refund procedures for these funds. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987).

The refund procedures presume applicants were injured if they were end-users of petroleum products and not covered by the DOE's or its predecessors' price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). The Applicants are end-users of refined petroleum products.(1) The Applicants claim, based upon estimates and actual records, that they purchased a total of 110,497,696 gallons of petroleum products during the period of price controls.(2)

Each Applicant used these products to operate a school system, municipality, hospital, or company. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $176,798 is warranted. The amount each Applicant will receive is listed in the Appendices to the Decision and Order. It is the policy of the DOE to pay all crude oil refund claims that were filed by June 30, 1995, the final deadline for the crude oil proceeding, at the rate of $.0016 per gallon. We will decide whether sufficient crude oil overcharge fund are available for additional refunds for these and other successful applicants when we know how much money is remaining after all claims in litigation are resolved.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the 33 claimants listed in the Appendices 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 a total of $176,798 from the DOE deposit fund escrow account denominated Crude Tracking - Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury. The checks for the Applicants listed on Appendix A shall be made payable to "[Applicant] or Petroleum Funds, Inc.," and sent to:

Petroleum Funds, Inc.

c/o William Dan Brown

P.O. Box 1380

Paris, TN 38242-9986

The checks for the Applicants listed on the Appendix B shall be made payable to the Applicants and shall be sent to the addresses listed on Appendix. The checks for the Applicants listed on Appendix C shall be made payable to "[Applicant] or Energy Refunds, Inc.," and sent to:

Energy Refunds, Inc.

c/o Shelia K. Crouse

3 Small Lane

Hardin, KY 42048

(3) Each applicant in this case that is a cooperative shall pass through to its members/patrons the refund it receives on a dollar for dollar basis.

(4) 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 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

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 materials submitted by the Applicants. These determinations may be revoked or modified at any time upon a finding that the basis underlying any 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: November 15, 1996

(1)A number of the applicants in this case are cooperatives. Applications filed by cooperatives are deemed to have been filed on behalf of the members to whom they sold petroleum products. Each of the cooperatives in this case has certified that it will pass through any refund it receives to its members on a dollar for dollar basis. Under these circumstances, the cooperatives in this case are entitled to the end-user presumption of injury.

(2)Interested parties were provided with an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any Application considered in this Decision.


Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND  
RF272-87150 COLUMBIA TOWNSHIP SCHOOLS OR PETROLEUM FUNDS, INC. C/O ANTHONY ZICKGRAF 282,470 $452  
RF272-87200 ETNA-TROY TOWNSHIP SCHOOLS OR PETROLEUM FUNDS, INC. C/O ANTHONY ZICKGRAF 153,468 $246  
RF272-87320 UNION TOWNSHIP SCHOOLS OR PETROLEUM FUNDS, INC. C/O ANTHONY ZICKGRAF 209,072 $335  
RF272-87334 WASHINGTON TOWNSHIP SCHOOLS OR PETROLEUM FUNDS, INC. C/O ANTHONY ZICKGRAF 128,260 $205  
RF272-87386 JEFFERSON TOWNSHIP SCHOOLS OR PETROLEUM FUNDS, INC. C/O ANTHONY ZICKGRAF 186,089 $298  
RF272-89297 VALLEY PACKING, INC. OR PETROLEUM FUNDS, INC. GILES W. KELLEY III 500,875 $801  
Totals: 6     1,460,234 $2,337  
             
             
RASID APPNAME CONTACT CONSTR CONCITY VOLGRAN REFUND
RF272-89242 ARNOLD TRANSIT COMPANY C/O PAUL BROWN P.O. BOX 220 MACKINAC ISLAND, MI 49757 2,260,120.00 $3,616.00
RF272-89254 CHARLES J. BURNAM CARTAGE INC. GERALD N. CONRAD OR FUEL REFUNDS, INC. P.O. BOX 41553 MEMPHIS, TN 381741553 281,514.00 $450.00
RF272-89255 STEWART & STEWART CARTAGE INC. GERALD N. CONRAD OR FUEL REFUNDS, INC. P.O. BOX 41553 MEMPHIS, TN 381741553 291,889.00 $467.00
RF272-89285 JOHN KIM C/O UTILITY BILL ANALYSIS 486 OCEANPOINT AVE. CEDARHURST, NY 11516 610,000.00 $976.00
RF272-89313 CEDAR MGMT. CORP. C/O UTILITY BILL ANALYSIS 486 OCEANPOINT AVE. CEDARHURST, NY 11516 745,395.00 $1,193.00
RF272-89331 JACK CREAGER TRUCKING C/O JOSIE CREAGER 3812 S. 243RD KENT, WA 98032 392,547.00 $628.00
RF272-89333 TEMPLE & TEMPLE EXCAVATING C/O KEN TEMPLE RR 1, BOX 275A SALEM, IN 47167 2,553,442.00 $4,086.00
RF272-89342 MAZEL REAL ESTATE C/O UTILITY BILL ANALYSIS 486 OCEANPOINT AVE. CEDARHURST, NY 11516 1,297,500.00 $2,076.00
RF272-89344 UPWEST CO. C/O UTILITY BILL ANALYSIS 486 OCEANPOINT AVE. CEDARHURST, NY 11516 503,200.00 $805.00
RF272-89356 BALLEW & ROBERTS CONSTRUCTION C/O MR. HARRAWAY P.O. DRAWER 937 SHEFFIELD, AL 35660 7,377,412.00 $11,804.00
RF272-89392 DAVID ROSOW INC. OR BRUCE ROSOW 4 SCHUYLER LANE BLOOMFIELD, CT 06002 676,317.00 $1,082.00
RF272-89666 FARMERS UNION OIL CO. C/O CHAR PUEPPKE P.O. BOX 128 ERIE, ND 58029 3,863,860.00 $6,182.00
RF272-99036 FARMERS UNION COOPERATIVE C/O TOM MUDLOFF BOX 237 ST. PAUL, NE 68873 22,809,724.00 $36,496.00
RF272-99063 CITY OF MOUNTAIN BROOK C/O SAM GASTON P.O. BOX 130009 MOUNTAIN BROOK, AL 35213 747,424.00 $1,196.00
RF272-99070 GULF TRANSPORT, LTD. C/O BLYTHE MURRAY OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 2,232,255.00 $3,572.00
RF272-99074 ROYAL CROWN BOTTLING CORP. C/O MIKE RUSSELL P.O. BOX 6930 EVANSVILLE, IN 477190930 2,375,400.00 $3,801.00
RF272-99077 TOWNSHIP OF CHERRY HILL C/O RICH CALLAHAN 820 MERCER ST. CHERRY HILL, NJ 08002 1,659,350.00 $2,655.00
RF272-99078 ROSE PAVING & SEALCOATING CO. C/O ALAN J. ROSE 408 W. TAFT DR. SOUTH HOLLAND, IL 60473 149,990.00 $240.00
RF272-99079 O & E REALTY CO. C/O MICHELLE CORSO C/O UTILITY BILL ANALYSIS 486 OCEANPOINT AVE. CEDARHURST, NY 11516 614,200.00 $983.00
RF272-99096 COCA-COLA BOTTLING CO. C/O JEFF GIBBS 300 COCA-COLA RD. MONTGOMERY, AL 36102 6,215,775.00 $9,945.00
Totals: 20       57,657,314.00 $92,253.00
             
             
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND  
RF272-99006 MONROE FARMERS COOPERATIVE OR ENERGY REFUNDS, INC. C/O JOEL MOSS 8,278,711 $13,246  
RF272-99009 HANCOCK FARMERS COOPERATIVE OR ENERGY REFUNDS, INC. C/O HUBERT WILEK 3,601,387 $5,762  
RF272-99020 FARMERS UNION OIL CO. OR ENERGY REFUNDS, INC. C/O JIM RITTAL 10,817,826 $17,309  
RF272-99022 WASHINGTON LANDMARK, INC. OR ENERGY REFUNDS, INC. C/O ED HARRA 4,221,973 $6,755  
RF272-99025 DUSTY FARM CO-OP, INC. OR ENERGY REFUNDS, INC. C/O JOHN STONER 6,271,962 $10,035  
RF272-99029 CLAIBORNE FARMERS CO. OR ENERGY REFUNDS, INC. C/O TIM DAY 7,010,092 $11,216  
RF272-99031 SEVIER FARMS COOPERATIVE OR ENERGY REFUNDS, INC. C/O DARRELL CLARK 11,178,197 $17,885  
Totals: 7     51,380,148 $82,208  
             


Last Updated on 8/15/97
By OHA