Case No. RF272-94520
August 28, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Cape Ann Tool Company, et al.
Dates of Filings: March 12, 1993 et al.
Case Numbers: RF272-94520, et al.
This Decision and Order will consider Applications for Refund filed by five claimants that purchased refined petroleum products during the period August 19, 1973, through January 27, 1981. Each applicant listed in the Appendix attached to this Decision and Order has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986).
In order to receive a refund for crude oil overcharges, an applicant generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. Applicants that were end-users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).
The amount of an applicant's refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 5,852,603 gallons and the sum of the refunds granted is $9,365.
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 4, Account No. 999DOE010Z, to the 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 a 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: August 28, 1997
Appendix | ||||||
Cape Ann Tool Company, et al. | ||||||
Case Nos. RF272-94520, et al. | ||||||
Case No. | Applicant/Contact | Volume | Refund | |||
RF272-94520 | Cape Ann Tool Co. Grantors Trust | 4,387,193 | $7,020 | |||
c/o Broude & Hochberg | ||||||
75 Federal St. | ||||||
Boston, MA 02110 | ||||||
RF272-94544 | Horizon Industries | 133,128 | $213 | |||
c/o John D. Swift | ||||||
P.O. Box 12069 | ||||||
Calhoun, GA 30703 | ||||||
RF272-94550 | Double Cola Bottling Co., Inc. | 124,185 | $199 | |||
c/o Ann Crist Byrd | ||||||
Box 65 | ||||||
Falls Mills, VA 24613 | ||||||
RF272-94599 | LaFollette Medical Center | 136,737 | $219 | |||
c/o Richard Rutherford | ||||||
110 East Ave. | ||||||
LaFollette, TN 37766 | ||||||
RF272-95351 | Charleston C U School Dist 1 | 1,071,360 | $1,714 | |||
c/o Bobbie Brown | ||||||
Petroleum Funds, Inc. | ||||||
P.O. Box 1380 | ||||||
Paris, TN 38242-9986 | ||||||
TOTALS | 5 Applicants | 5,852,603 | $9,365 |