Case No. RG272-00018
December 11, 1996
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Applicants: Olive Springs Quarry, et al.
Dates of Filing: January 18, 1995, et al.
Case Numbers: RG272-18, et al.
This Decision and Order will consider the Applications for Refund filed by seven Applicants listed in the Appendix attached to this Decision and Order. The Applications are based upon the Applicants' purchases of refined petroleum products during the crude oil price control period (August 19, 1973 through January 27, 1981). Each Applicant has requested a refund from crude oil funds available for disbursement by the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) under the provisions of 10 C.F.R. Part 205, Subpart V.
In the past, purchasers of refined products were allowed to apply to the OHA for a refund from crude oil overcharge funds collected by the DOE. 51 Fed. Reg. 27899 (August 4, 1986). We have established refund procedures for these funds, which have been made available through consent orders between the DOE and numerous firms that sold crude oil during the price control period. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85, 495 (1987); Mountain Fuel Supply Co., 14 DOE ¶ 85,475 (1986).
The refund procedures specify that in order to receive a refund, an Applicant generally must: (1) document its purchase volumes and (2) show that it was injured by alleged crude oil overcharges. Applicants who were end-users of petroleum products, however, and whose businesses were unrelated to the petroleum industry are presumed to have absorbed the crude oil overcharges. These Applicants need not submit proof of injury to receive a refund in the Subpart V proceeding. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).
In general, an Applicant is eligible for a refund equal to the number of gallons it purchased multiplied by the volumetric refund amount. Currently, the volumetric refund amount is $.0016 per gallon.
We have carefully reviewed the information submitted by the seven Applicants, and we have determined that the information provided by them sufficiently supports their Applications for Refund. We find that all seven Applicants were end-users of refined petroleum products. Accordingly, they are presumed injured by the crude oil overcharges and are entitled to receive their full allocable shares of the crude oil funds. The purchase volumes and refunds approved for each Applicant are set forth in the Appendix. The total volume approved in this Decision is 14,841,314 gallons, and the sum of the refunds granted is $23,747.
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 Applicants at the rate of $0.0016 per gallon. We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the seven Applicants listed in the Appendix attached to this Decision and Order are hereby granted 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 $23,747 from the DOE deposit fund escrow account denominated Crude Tracking-Applicants 4, Account Number 999DOE010Z, maintained at the Department of Treasury to the seven Applicants as listed in the Appendix attached to this Decision and Order.
(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 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
(4) The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary materials submitted by the Applicants. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any Application for Refund is incorrect.
(5) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: December 11, 1996
Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RG272-00018 OLIVE SPRINGS QUARRY C/O GERALD V. HARN P.O. BOX 747 SOQUEL, CA 95073 4,935,626 $7,897 RG272-00605 HAUPT CONTRACT CARRIERS, INC. OR RICHARD WINDORSKI OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 6,213,827 $9,942 RG272-00796 UNIVERSITY OF OKLAHOMA PURCHASING DEPT. C/O STEPHEN G. MACK 660 PARRINGTON OVAL, RM. 321 NORMAN, OK 73019 1,509,083 $2,415 RG272-01000 STOWE TOWN SCHOOL DIST. C/O GEORGE R. CORMIER P.O. BOX 340 MORRISVILLE, VT 056610340 540,000 $864 RG272-01041 ERNEST W. HAUG 306 PIONEER ST. SENECA, KS 66538 40,994 $66 RG272-01042 ROBERT B. HENRY RR 3, BOX 144 SENECA, KS 66538 26,784 $43 RR272-00226 ZUMO MANAGEMENT KHAMIN ASSOCIATES OR UTILITY BILL ANALYSIS 486 OCEANPOINT AVE. CEDARHURST, NY 11516 1,575,000 $2,520 Totals: 7 14,841,314 $23,747
Last Updated on 8/15/97
By OHA