Case No. RB272-00100

April 1, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Colonial Trailways, Inc., et al.

Date of Filings: April 10, 1995, et al.

Case Numbers: RG272-100, et al.

This Decision and Order considers and ultimately grants 38 Applications for Refund, releasing a total of $82,909 in the Subpart V crude oil refund proceeding. The names of the 38 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 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 38 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. (1) 1/ 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. 2/(2) The total volume for which refunds are approved in this Decision is 51,818,208 gallons and the sum of the refunds granted is $82,909.

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 IV, Account No. 999DOE010Z, to the applicants’ representative, Wilson, Keller & Associates. Refund checks totaling $82,909 shall be sent to the to Wilson, Keller & Associates at the following address:

Chris Edwards

Wilson, Keller & Associates

P.O. Box 221145

Memphis, TN. 38122

(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: April 1, 1997

(1)All of the Applications under consideration were filed by Wilson, Keller & Associates, a private filing service located in Memphis, Tennessee. Of these 38 crude oil refund applications, 17 are claims filed on behalf of trucking companies. Wilson, Keller & Associates prepared estimates for these 17 by referring to statistical data generated by the Interstate Commerce Commission (ICC) during the refund period. Where appropriate, Wilson, Keller & Associates reduced gallonage to account for miles driven by “independent owner-operators.” We have carefully reviewed the estimation methods used by Wilson, Keller & Associates and find them acceptable.

(2)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	FIRM	CONTACT	VOLUME	REFUND
RG272-00100	COLONIAL TRAILWAYS, INC.	OR WILSON, KELLER & ASSOCIATES	C/O DAVE TAYLOR	1,337,099	$2,139
RG272-00101	CAPITAL MOTOR LINES	OR WILSON, KELLER & ASSOCIATES	C/O DAVE TAYLOR	2,083,125	$3,333
RG272-00103	GEORGE VOSS	OR WILSON, KELLER & ASSOCIATES		2,777,813	$4,445
RG272-00116	NELMAR TRUCKING CO.	OR WILSON, KELLER & ASSOCIATES	C/O WALTER BLANKEN	864,287	$1,383
RG272-00117	RYMER FOODS, INC.	OR WILSON, KELLER & ASSOCIATES	OR KROEHLER MFG.	976,809	$1,563
RG272-00118	EDWARD S. ERB	OR WILSON, KELLER & ASSOCIATES		1,082,440	$1,732
RG272-00119	ARTHUR C. GUIMOND JR.	OR WILSON, KELLER & ASSOCIATES		866,967	$1,387
RG272-00120	NIEDERBEACH TRUCK SERVICE	OR WILSON, KELLER & ASSOCIATES	C/O FLOYD HARTEL	1,184,514	$1,895
RG272-00121	GENERAL INDUSTRIES, INC.	OR WILSON, KELLER & ASSOCIATES		9,187,744	$14,700
RG272-00122	ROBERT HUERTER	OR WILSON, KELLER & ASSOCIATES		737,480	$1,180
RG272-00123	HUGHES BROTHERS TRANSPORTATION	OR WILSON, KELLER & ASSOCIATES		1,580,241	$2,528
RG272-00124	FAIRFAX INVESTMENT CORP.	OR WILSON, KELLER & ASSOCIATES	METRO BLDG. SUPPLY CO.	900,086	$1,440
RG272-00126	HARDIN COUNTY	OR WILSON, KELLER & ASSOCIATES	C/O TOM MAYFIELD	1,098,591	$1,758
RG272-00127	PANORAMA AIR	OR WILSON, KELLER & ASSOCIATES	C/O MARION MCCROSKEY	6,830,273	$10,928
RG272-00130	JAMES SCHINDELE	OR WILSON, KELLER & ASSOCIATES		600,377	$961
RG272-00131	SNAPPING SHOALS ELECTRIC CORP.	OR WILSON, KELLER & ASSOCIATES	C/O CHARLES N. WOODWARD	509,474	$815
RG272-00133	PAUL D. DODDS	OR WILSON, KELLER & ASSOCIATES		3,197,952	$5,117
RG272-00135	HARMON TRUCKING CO.	OR WILSON, KELLER & ASSOCIATES	C/O ALBERT S. HARMON	1,271,197	$2,034
RG272-00136	E.A. HOLDER, INC.	OR WILSON, KELLER & ASSOCIATES	C/O DON B. HENSON	3,183,025	$5,093
RG272-00138	JOHN PHARO	OR WILSON, KELLER & ASSOCIATES		436,305	$698
RG272-00139	GREENBURGH CENTRAL SCHOOL DIST	OR WILSON, KELLER & ASSOCIATES	C/O EDWARD PRICE	1,175,334	$1,881
RG272-00140	PALTEX TRANSPORT CO.	OR WILSON, KELLER & ASSOCIATES	C/O ROBERT RILEY	2,462,700	$3,940
RG272-00141	BUEHLER MOVING & STORAGE	OR WILSON, KELLER & ASSOCIATES		552,541	$884
RG272-01052	GARNETT B. ERB	OR WILSON, KELLER & ASSOCIATES		1,082,440	$1,732
RG272-01053	RONALD M. LUND	OR WILSON, KELLER & ASSOCIATES		300,188	$480
RG272-01054	BETHANN R. BAFFUTO	OR WILSON, KELLER & ASSOCIATES		300,188	$480
RG272-01055	ARNOLD BERGER	OR WILSON, KELLER & ASSOCIATES		300,188	$480
RG272-01062	GILBERT GUIMOND	OR WILSON, KELLER & ASSOCIATES		866,967	$1,387
RG272-01063	DONALD PHARO	OR WILSON, KELLER & ASSOCIATES		436,305	$698
RG272-01064	ROBERT S. PHARO	OR WILSON, KELLER & ASSOCIATES		436,305	$698
RG272-01065	DAVID D. DODDS	OR WILSON, KELLER & ASSOCIATES		2,005,495	$3,209
RG272-01066	MRS. J.P. GARVEY	OR WILSON, KELLER & ASSOCIATES		182,901	$293
RG272-01067	PAUL GARRITY	OR WILSON, KELLER & ASSOCIATES		225,769	$361
RG272-01068	PRESCOTT BUSH	OR WILSON, KELLER & ASSOCIATES		89,818	$144
RG272-01069	JOHN MORROW	OR WILSON, KELLER & ASSOCIATES		311,912	$499
RG272-01070	W.S. PEPPLER	OR WILSON, KELLER & ASSOCIATES		53,891	$86
RG272-01072	B.B. BUMP	OR WILSON, KELLER & ASSOCIATES		135,951	$218
RG272-01073	WARREN FISHER	OR WILSON, KELLER & ASSOCIATES		193,516	$310
Totals:	38			51,818,208	$82,909

Last Updated on 7/22/97
By OHA