Case Nos. RK272-02995, et al.
September 5, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Petitioners:Rollings Farms, et al.
Dates of Filing: September 26, 1995, et al.
Case Numbers: RK272-02995, 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.(3) 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 $3,463.
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 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: September 5, 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.
(3)In one instance, we were informed that a firm had been dissolved and that two of the three former owners wished to receive individual refund checks. (The third owner is deceased with no known heirs.) Therefore, the two owners were assigned separate RK272-case numbers, and the approved volume claim was allocated to them based on their percentage ownership interest. In this Decision, the original RF272-number, RF272-29008, was assigned to RK272-04481 and RK272-04520. If there are any future disbursements of crude oil funds, these cases will be known by their RK272-numbers, and the refunds will be calculated on the adjusted gallonage amounts.
Appendix
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM RK272-02995 ROLLINGS FARMS C/O JIM ROLLINGS 2742 OSCAR RD. BARLOW, KY 42024 70,828 $57 RF272-07284 RK272-02997 PHIL & MERRILL BORMANN PTNSHP. C/O MERRILL BORMANN 402 180TH ST. WHITTEMORE, IA 50598 90,899 $73 RF272-06511 RK272-02999 RIDDLE FARMS, INC. C/O JOHN RIDDLE 5994 S. STATE RD. 9 ALBION, IN 46701 97,138 $78 RF272-11652 RK272-04263 SERVICE AMERICA CORP. C/O DOMINIC J. SARTORI 100 1ST STAMFORD; P.O. BOX 10203 STAMFORD, CT 069042203 90,000 $72 RF272-05875 RK272-04264 SERVICE AMERICA CORP. C/O DOMINIC J. SARTORI 100 1ST STAMFORD; P.O. BOX 10203 STAMFORD, CT 069042203 214,310 $171 RF272-06122 RK272-04265 SERVICE AMERICA CORP. C/O DOMINIC J. SARTORI 100 1ST STAMFORD; P.O. BOX 10203 STAMFORD, CT 069042203 294,341 $235 RF272-06665 RK272-04266 SERVICE AMERICA CORP. C/O DOMINIC J. SARTORI 100 1ST STAMFORD; P.O. BOX 10203 STAMFORD, CT 069042203 223,000 $178 RF272-06682 RK272-04267 SERVICE AMERICA CORP. C/O DOMINIC J. SARTORI 100 1ST STAMFORD; P.O. BOX 10203 STAMFORD, CT 069042203 263,635 $211 RF272-06841 RK272-04268 SERVICE AMERICA CORP. C/O DOMINIC J. SARTORI 100 1ST STAMFORD; P.O. BOX 10203 STAMFORD, CT 069042203 254,710 $204 RF272-07217 RK272-04269 SERVICE AMERICA CORP. C/O DOMINIC J. SARTORI 100 1ST STAMFORD; P.O. BOX 10203 STAMFORD, CT 069042203 61,275 $49 RF272-08218 RK272-04270 SERVICE AMERICA CORP. C/O DOMINIC J. SARTORI 100 1ST STAMFORD; P.O. BOX 10203 STAMFORD, CT 069042203 257,456 $206 RF272-09502 RK272-04271 SERVICE AMERICA CORP. C/O DOMINIC J. SARTORI 100 1ST STAMFORD; P.O. BOX 10203 STAMFORD, CT 069042203 285,930 $229 RF272-23951 RK272-04272 SERVICE AMERICA CORP. C/O DOMINIC J. SARTORI 100 1ST STAMFORD; P.O. BOX 10203 STAMFORD, CT 069042203 226,395 $181 RF272-23952 RK272-04273 SERVICE AMERICA CORP. C/O DOMINIC J. SARTORI 100 1ST STAMFORD; P.O. BOX 10203 STAMFORD, CT 069042203 222,855 $178 RF272-23955 RK272-04481 EDDIE HARPER P.O. BOX 1368 MCALESTER, OK 74502 291,499 $233 RF272-29008 RK272-04520 SENATOR GENE STIPE P.O. BOX 1368 MCALESTER, OK 74502 291,499 $233 RF272-29008 RK272-04522 LINCOLN COMPOSITES 4300 INDUSTRIAL AVE. LINCOLN, NE 68504 505,103 $404 RF272-16187 RK272-04536 KYSAR FEED C/O MARY KYSAR-BAXTER 335 W. 5TH ST. POWELL, WY 82435 265,608 $212 RF272-29550 RK272-04541 SIGNE G. SAGER 118 3RD ST., BOX 732 CANDO, ND 58324 74,092 $59 RF272-30593 RK272-04552 MARY KAY BAIAMONTE 41818 WCR 25 AULT, CO 80610 186,988 $150 RF272-05345 RK272-04555 DONNA SCHWALM 2012 N. DOTSERO AVE. LOVELAND, CO 80538 62,855 $50 RF272-10387 Totals: 21 4,330,416 $3,463
Last Updated on 9/22/97
By OHA