Case No. RR272-00249

November 25, 1996

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Motion for Reconsideration

Name of Applicant: United Truck Line

Date of Filing: August 30, 1996

Case Number: RR272-249

This Decision and Order considers a Motion for Reconsideration filed by Wilson, Keller & Associates (Wilson), a private filing service, on behalf of United Truck Line (United) in the Subpart V crude oil refund proceeding conducted through the Office of Hearings & Appeals (OHA) of the Department of Energy. On August 7, 1996, the OHA granted United a $3,045 refund. Malone Bros. Construction, et al. Case Nos. RF272-87022, et al. (August 7, 1996) (Malone). On September 15, 1996, Wilson filed a Motion for Reconsideration requesting that the OHA reconsider the original Decision. If this Motion is approved, the method used in Malone to estimate United's purchase gallons would be revised, and United would receive an additional refund.

United operated as a trucking company during the refund period, using diesel fuel to power a fleet of trucks. United's refund was based on estimated purchases of 1,902,977 gallons of petroleum products. This estimated gallonage was calculated by dividing each year's total diesel cost amount by a yearly price per gallon.

In its Motion for Reconsideration, Wilson asserts that we utilized average cost per gallon figures that included taxes, while the ICC-reported fuel costs that it submitted excluded taxes. We agree. We found in Donco Carriers, Inc., 24 DOE ¶ 85,051 (1994) (Donco) that the ICC dollar purchases did not include taxes. Therefore, we will use the figures relied upon in Donco to convert United's dollar figures to gallons.

Accordingly, OHA finds that the material submitted by Wilson for United Truck Line supports its Motion for Reconsideration. Therefore, the approved gallonage claim is revised to 2,995,073 gallons resulting in a refund amount of $4,792. We have already paid a refund of $3,045 to United. An additional refund will be granted to United in the amount of $1,747 ($4,792 - $3,045 = $1,747) In addition, we will change the approved volume for United from 1,092,096 gallons to 2,995,073 gallons in the OHA database.

It Is Therefore Ordered That:

(1) The Motion for Reconsideration filed by United Truck Line (Case No. RR272-249) for all available crude oil overcharge funds is 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 $1,747 (Case No. RR272-249) from the DOE deposit fund escrow account denominated Crude Tracking-Claimants IV, Account Number 999DOE010Z, maintained at the Department of Treasury, to:

United Truck Line

OR Wilson, Keller & Associates

P.O. Box 221145

Memphis, TN 38122

(3) To facilitate the payment of future refunds, United Truck Line 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

(4) The Office of Hearings and Appeals shall modify the approved volume claim for United Truck Line (Case No. RF272-89381) in the OHA database from 1,092,096 gallons to 2,995,073 gallons.

(5) The determination made in this Decision and Order is based upon the presumed validity of the statements and documentary materials submitted by the applicant. This determination may be revoked or modified at any time upon a finding that the basis underlying United Truck Line's Motion for Reconsideration is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: November 25, 1996