Case No. RF272-79157

December 17, 1996

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Mohave Valley School District, et al.

Date of Filings: July 30, 1990, et al.

Case Numbers: RF272-79157, et al.

This Decision and Order considers and ultimately grants, in whole or in part, 10 Applications for Refund, releasing a total of $12,871 in the Subpart V crude oil refund proceeding. The names of the 10 Applicants are set forth in the Appendix to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and each has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy (DOE) pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). Each Applicant relies on the presumption of injury for end-users as the basis for its refund claim. Under this presumption, OHA will presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by all 10 applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision.(1) The total volume for which refunds are approved in this Decision is 8,043,744 gallons and the sum of the refunds granted is $12,871.

The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the

resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the claimants listed in the Appendix 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 the refund amounts set forth in the Appendix to this Decision and Order from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants II, Account No. 999DOE010Z, to the applicants or their representatives listed in the Appendix. Refund Checks totaling $6,714 shall be sent to the representative of 7 applicants:

Petroleum Funds, Inc.

P.O. Box 1380

Paris, TN 38242-9986

Checks totalling $6,157 shall be sent to the other applicants listed in the Appendix.

(3) 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 in its 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

(4) The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary material submitted by the applicants. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying the refund application is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: December 17, 1996

(1)Interested parties were given an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any application involved in this determination.


Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND
RF272-79157 MOHAVE VALLEY SCHOOL DIST #16 C/O EMMETT L. BROWN OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 38242 84,841 $136
RF272-79321 DARIEN SCHOOL DIST. 61 THOMAS SWENSON OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 38242 1,570,596 $2,513
RF272-79413 SAN RAFAEL CITY HIGH TOM SALES OR REFUND CONSULTANTS P.O. BOX 1380 PARIS, TN 382429986 448,813 $718
RF272-79414 SAN RAFAEL CITY ELEMENTARY THOMAS E. SALES OR REFUND CONSULTANTS P.O. BOX 1380 PARIS, TN 382429986 654,066 $1,047
RF272-79459 ELWOOD SCHOOLS C/O DEBBIE SIGRIST OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 270,379 $433
RF272-79491 MERRIAM COMM CONS SCHOOL DIST C/O DAVID HAH OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 136,647 $219
RF272-83241 JOURDANTON INDEP SCH DISTRICT E. KEY OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 38249986 1,029,887 $1,648
RF272-94600 J.B. HONEYCUTT, INC. C/O JUNIOUS B. HONEYCUTT P.O. BOX 250 LUCAMA, NC 27851 164,389 $263
RF272-94646 BOROUGH OF GLASSBORO C/O CLAYTON E. PLATT 1 S. MAIN GLASSBORO, NJ 080282592 1,128,846 $1,806
RF272-94673 CITY OF ALEXANDRIA C/O BRIAN FUNDERBURK P.O. BOX 71 ALEXANDRIA, LA 71309 2,555,280 $4,088
Totals: 10       8,043,744 $12,871


Last Updated on 8/15/97
By OHA