Case No. RK272-04091
March 21, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Cases: Western Industries Holding Corp., et al.
Dates of Cases: December 24, 1996, et al.
Case Numbers: RK272-4091, 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 the jurisdiction of the DOEs 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 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 $0.00016 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 on 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 21 recipients is $38,381.
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. 999DOE0919Z, maintained at the Department of 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 applicants receipt of the initial crude oil refund shall also apply to that applicants 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: March 21, 1997
(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 RK272-04091 WESTERN INDUSTRIES HLDNG CORP. C/O ROBERT SCHNEIDER 1215 N. 62ND ST.; P.O. BOX 13129 MILWAUKEE, WI 53213 4,833,826 $3,867 RF272-53553 RK272-04092 JOHN M. COAN JR. 8025 WOODGLEN, #403 DOWNERS GROVE, IL 60516 661,568 $529 RF272-45794 RK272-04095 LAFARGE CORP. C/O JERRY JENSEN P.O. BOX 887 SOUTHFIELD, MI 48037 1,939,293 $1,551 RF272-56582 RK272-04099 HOFFMAN TRUCKING C/O EDITH HOFFMAN P.O. BOX 1116 FT. PIERRE, SD 57532 691,037 $553 RF272-48846 RK272-04103 QUEBECOR PRINTING BUFFALO INC. C/O MARK A. BARGNESI TC INDUSTRIAL PARK DEPEW, NY 14043 2,343,962 $1,875 RF272-47698 RK272-04126 ANNA BECKWITH C/O MARY ANNE STONER 29989 205TH ST. PIERRE, SD 57501 631,439 $505 RF272-39052 RK272-04142 KAREN DESHAIES P.O. BOX 70 BERGEN, NY 14416 575,760 $461 RF272-43748 RK272-04154 BIZZACK, INC. C/O STAN BRAY P.O. BOX 12530 LEXINGTON, KY 40583 21,021,686 $16,817 RF272-33336 RK272-04156 KARIN S. BRAMLET P.O. BOX 120 MILTON, LA 70558 559,771 $448 RF272-60998 RK272-04161 ANTHONY ROSETTI OR INTERNAL REVENUE SERV. 865 HUCKLEBERRY LANE NORTHBROOK, IL 60062 1,346,350 $1,077 RF272-61120 RK272-04184 WILLIAM H. BLOUNT, JR. P.O. BOX 2028 IRMO, SC 29063 919,049 $735 RF272-61939 RK272-04187 AARON TAYLOR 6356 N. CALLISCH AVE. FRESNO, CA 93710 941,244 $753 RF272-64949 RK272-04191 DAIICHIYA-LOVE'S BAKERY C/O EDWARD SUNAHARA 911 MIDDLE ST. HONOLULU, HI 96819 1,057,981 $846 RF272-34414 RK272-04193 GLENN E. PERKINS C/O ATTY DANIEL CHURCHILL 1610 5TH AVE. MOLINE, IL 61265 3,198,246 $2,559 RF272-64868 RK272-04202 DENNIS HART 122 OVERLAND TRAIL GILLETTE, WY 82716 207,753 $166 RF272-65620 RK272-04206 JEANETTE SUHONEN 1333 LOVETT ST. TOMBALL, TX 77375 354,144 $283 RF272-57345 RK272-04218 WILMA JEAN REVELL 4915 MID-JAMES RD. LEBANON, IN 46052 206,909 $166 RF272-11674 RK272-04228 MENORAH MEDICAL CENTER, INC. C/O FRANK JANNER 5721 W. 119TH ST. OVERLAND PARK, KS 66209 443,000 $354 RF272-45486 RK272-04229 BOB W. YOUNG P.O. BOX 1673 EASLEY, SC 29641 873,177 $699 RF272-31903 RK272-04231 JIM REHFELD REVOCABLE TRUST C/O JIM REHFELD, TRSTEE 33547 CNTY RD. 17 HOLLY, CO 81047 432,545 $346 RF272-33048 RK272-04246 MARTHA DYE 395 GAMMON RD. LITTLE ELM, TX 75068 4,738,202 $3,791 RF272-59572 Totals: 21 47,976,942 $38,381
Last Updated on 7/24/97
By OHA