Case No. RK272-01365
December 13, 1996
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Petitioners: J.W. Massengill Estate, et al.,
Dates of Filing: July 12, 1995, et al.
Case Numbers: RK272-01365, 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. 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 23 recipients is $25,731.
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 imposed 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: December 13, 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.
Appendix
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM RK272-01365 J.W. MASSENGILL ESTATE C/O WILLIE C. MASSENGILL RT. 3, BOX 145 CHUCKEY, TN 37641 94,910 $76 RF272-56800 RK272-01366 ADELINE ONDELL BOX 192 TURTON, SD 57477 185,925 $149 RF272-38015 RK272-01367 BAY PARK ASSOC. OR A. MONCZYK P.O. BOX 36 FAR ROCKAWAY, NY 11691 75,000 $60 RF272-49347 RK272-01368 BAY PARK ASSOC. OR YAAKOV GOLDFEDER P.O. BOX 36 FAR ROCKAWAY, NY 11691 75,000 $60 RF272-49347 RK272-01369 MARDAL, INC. C/O GARY STEWART 204 DAVIS PLT. BESSEMER CITY, NC 28016 82,790 $66 RF272-47812 RK272-01371 GEORGE HAIGLER 3523 CAMDEN RD. MARSHVILLE, NC 28103 274,461 $220 RF272-34553 RK272-01373 COMES BROTHERS C/O JIM COMES BOX 55 WAVERLY, SD 57202 309,876 $248 RF272-56851 RK272-01374 GARRISON VAN & WAREHOUSE CO. C/O WILLIAM R. BOATMAN 5529 1ST AVE., S. BIRMINGHAM, AL 35212 179,000 $143 RF272-55448 RK272-01375 REA FARMS, INC. C/O DONNA REA RT. 5, BOX 22 MARTIN, TN 38237 212,486 $170 RF272-61676 RK272-01376 SHIRLEY A. JENSEN RR 1, BOX 24 IRENE, SD 57037 75,539 $60 RF272-33942 RK272-01377 JOHN OLSEN JR. RR 1, BOX 36 CANDO, ND 58324 26,730 $21 RF272-56732 RK272-01378 ANNA OLSEN RR 1, BOX 36 CANDO, ND 58324 26,730 $21 RF272-56732 RK272-01379 BRUCE OLSEN RR 1, BOX 43 CANDO, ND 58324 26,730 $21 RF272-56732 RK272-01380 GILL BROTHERS C/O KENNETH L. GILL RR 1, BOX 49 DECATUR, NE 68020 160,448 $128 RF272-41287 RK272-01381 MRS. DAN W. PAYNE JR. P.O. BOX 466, 300 MIMS ST. REYNOLDS, GA 31076 67,340 $54 RF272-40222 RK272-01382 EDGEWATER MEDICAL CENTER C/O KENNETH W. HUFF 5700 N. ASHLAND AVE. CHICAGO, IL 606604088 240,717 $193 RF272-35249 RK272-01383 VANLOAN FARMS OR GRANT W. VANLOAN 183 HAPPY HOLLOW RD. FT. PLAIN, NY 13339 90,177 $72 RF272-50912 RK272-01384 MRS. ROBERT STALLBAUMER 403 N. MAPLE FRANKFORT, KS 66427 161,076 $129 RF272-60283 RK272-01385 DONNA HAGER RR 2 CARRINGTON, ND 58421 147,103 $118 RF272-54933 RK272-01386 KOST BROTHERS, INC. C/O JOE SCHNEIDER P.O. BOX 499 MOORHEAD, MN 56560 10,932,435 $8,746 RF272-37061 RK272-01387 MAUCH FEEDLOT OR KENNETH MAUCH 16525 83RD ST., S.E. MOORETON, ND 58061 141,170 $113 RF272-50609 RK272-01388 MAUCH FEEDLOT OR RICHARD MAUCH 16495 S.E. 83RD ST. MOORETON, ND 58061 141,170 $113 RF272-50609 RK272-03836 ELF ATOCHEM NORTH AMERICA INC C/O MARGARET SCHULD 2000 MARKET ST. PHILADELPHIA, PA 19103 18,437,650 $14,750 RF272-45101 Totals: 23 32,164,463 $25,731
Last Updated on 8/15/97
By OHA