Case No. RK272-01448

November 15, 1996

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Petitioners: Roland Cox, et al.,

Dates of Filing: July 13, 1995, et al.

Case Numbers: RK272-01448, 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 29 recipients is $16,127.

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: November 15, 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
RK272-01448 ROLAND COX 5787 W. MIDDLEBURY RD. WYOMING, NY 14591 66,402 $53 RF272-39969
RK272-01449 GASPERS CATTLE CO. C/O IVAN S. GASPERS RR 2, BOX 110 LINDSAY, NE 68644 113,077 $90 RF272-39496
RK272-01451 MARY G. HANSON 1910 HERITAGE HILLS NORTH BEND, OR 97459 208,806 $167 RF272-32003
RK272-01452 RICHARD STAHLY RT. 1, BOX 71 MILFORD, NE 68405 78,826 $63 RF272-48133
RK272-01453 MARILYN CHRISTIANCY C/O CLAIR CHRISTIANCY III 923 F ST. GENEVA, NE 68361 253,450 $203 RF272-55001
RK272-01454 TOM SCROGGINS P.O. BOX 743 LODI, CA 95241 147,954 $118 RF272-58521
RK272-01455 ESTATE OF RAYMOND B. AYERS C/O MARY L. AYERS RT. 1, BOX 502 ST. MATTHEWS, SC 29135 84,184 $67 RF272-57374
RK272-01456 CATENCAMP TRANSFER & STORAGE C/O RICHARD MENNING P.O. BOX 474 SHAWANO, WI 54166 564,574 $452 RF272-37018
RK272-01457 BELS PRODUCE CO., INC. OR STEPHEN J. APOL P.O. BOX 550 SHARPSBURG, NC 278780550 1,984,649 $1,588 RF272-55280
RK272-01458 LAWRENCE THOMAS BOX 454 NEW ENGLAND, ND 58647 272,690 $218 RF272-56328
RK272-01459 GREATER CUMBERLAND TRANSPORTN. C/O AUDREY M. CARPENTER P.O. BOX 809 CUMBERLAND, MD 21502 480,121 $384 RF272-47481
RK272-01460 DANA L. SNEED 3615 NORRIS RD. KILGORE, TX 75662 153,163 $123 RF272-38701
RK272-01461 CARL W. JOLLEY 1040 TUSCALOOSA AVE., S.W. BIRMINGHAM, AL 35211 155,060 $124 RF272-55449
RK272-01462 JACK R. HENDRICKSEN JR. 5757 PONTIAC TRAIL ANN ARBOR, MI 48105 173,300 $139 RF272-44855
RK272-01463 CLARA E. MEYER 801 S. 231ST W. GODDARD, KS 67052 97,390 $78 RF272-45783
RK272-01464 HAROLD C. HANSEN P.O. BOX 2465 HARLINGEN, TX 78550 523,377 $419 RF272-63438
RK272-01465 MRS. RODNEY BURHANS RR 2, BOX 39 BRECKENRIDGE, MN 56520 185,926 $149 RF272-49543
RK272-01466 VERNON TRIEBOLD 1620 35TH ST., S.W., #11 FARGO, ND 58103 628,605 $503 RF272-38936
RK272-01467 SEIDENSTICKER RANCH C/O S.J. SEIDENSTICKER BOX 291 TWIN BRIDGES, MT 59754 199,533 $160 RF272-49604
RK272-01469 TEWKSBURY TRANSIT, INC. C/O ALVIN T. FRENCH 555 WHIPPLE RD. TEWKSBURY, MA 01876 659,760 $528 RF272-35768
RK272-01470 KATHLEEN SAMPLEY 25 POPLAR GROVE CT. LEWISPORT, KY 42351 92,962 $74 RF272-33043
RK272-01472 WILLA V. BURGESS 607 S. 7TH KIOWA, KS 67070 131,210 $105 RF272-47599
RK272-01473 ROSEMARY NOONON 23270 BERNARD RD. BERNARD, IA 520329283 119,029 $95 RF272-40195
RK272-01474 RICHARD G. MCKENNEY P.O. BOX 221 SOUTH EASTON, MA 02375 194,484 $156 RF272-36031
RK272-01475 MRS. HOWARD R. GUNSAULIS RT. 1, BOX 131 LONGDALE, OK 73755 99,160 $79 RF272-39649
RK272-02268 TOMMY PEARSON P.O. BOX 727 PICAYUNE, MS 39466 2,600,000 $2,080 RF272-65254
RK272-02269 J.S. SHAW P.O. BOX 727 PICAYUNE, MS 39466 2,600,000 $2,080 RF272-65254
RK272-03406 LAFARGE CONSTRUCTION MATERIAL C/O P. SACRIPANTI 6715 TIPPECANOE RD., BLDG. C CANFIELD, OH 44406 4,903,850 $3,923 RF272-53196
RK272-03914 ESTATE OF ROBERT J. GRAF C/O HARVEY MATTEL, ESQ. P.O. BOX 02-9010 FT. LAUDERDALE, FL 333029010 2,386,276 $1,909 RF272-84479
Totals: 29       20,157,818 $16,127  


Last Updated on 8/15/97
By OHA