Case No. RB272-00114
July 18, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: June 24, 1997
Case Number: RB272-00114
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 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 August 19, 1973 through January 27, 1981, multiplied by a per gallon refund 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 smaller 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) Further, applicants who previously received a refund will receive a supplemental refund based on an additional $0.0008 per gallon. 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 applicants or certifications from representatives.
The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. The Appendix also indicates the original case numbers of these applicants and 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 $288,457.
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 4, 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 imposed 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: July 18, 1997
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
APPENDIX RB272-00114 CASE NO. FIRM ADDRESS REFUND RC272-00157 ROHM & HAAS CO. C/O JOHN STROEBEL, ESQ 100 INDEPENDENCE MALL W., 9TH FL. PHILADELPHIA, PA 191062399 $234,406 RF272-66780 EAGLE PRODUCTS, INC. C/O JOHN HART 1121 W. 11TH ST. MISHAWAKA, IN 46544 $662 RF272-66846 LARGER BROS., INC. C/O RAYMOND F. LARGER P.O. BOX 22 FT. LORAMIE, OH 45845 $574 RF272-66990 BOROUGH OF PRINCETON C/O DECIMUS W. MARSH P.O. BOX 390; I. MONUMENT DR. PRINCETON, NJ 08542 $722 RF272-69058 CITY OF TEXARKANA C/O JOHN H. HACKLEMAN P.O. BOX 1967 TEXARKANA, TX 75504 $900 RF272-69161 LONGWOOD GARDENS, INC. C/O DENNIS FISHER P.O. BOX 501 KENNETT SQUARE, PA 193480501 $2,027 RF272-71331 STATE OF TENNESSEE C/O CYNTHIA OLIPHANT 320 6TH AVE. N.; RACHEL JACKSON BLD NASHVILLE, TN 372430405 $13,558 RF272-72688 MCVEIGH TRANSPORTATION C/O WILLIAM F. MCVEIGH JR 406 E. KENDALL ST. CORONA, CA 91719 $784 RF272-72937 ROBERT PACHNER 20998 CNTY RD. 19 AKRON, CO 80720 $295 RF272-73240 SAN JUAN COUNTY C/O KATHY KECK 100 S. OLIVER DR. AZTEC, NM 87410 $1,685 RF272-73465 FORT STRONG APARTMENTS C/O FAWZ BAKIR 2000 N. DANIEL ST. ARLINGTON, VA 22201 $399 RF272-75393 GRADY BROS., INC. C/O KEN CUNNINGHAM P.O. BOX 421519 INDIANAPOLIS, IN 46242 $5,648 RF272-75794 OUACHITA PARISH SHERIFF'S DEPT C/O CHARLES L. COOK P.O. BOX 1803 MONROE, LA 71210 $669 RF272-75829 MADISON BOARD OF EDUCATION C/O DOTTY BAVIN 10 CAMPUS DR. MADISON, CT 06443 $792 RF272-78307 PAOLI MEMORIAL HOSPITAL C/O CHRISTOPHER CAHALL 100 LANCASTER PIKE WYNNEWOOD, PA 19096 $781 RF272-82104 NORTH BRANFORD BD. EDUCATION C/O DONNA A. WINNICKI 1388 MIDDLETOWN AVE. NORTHFORD, CT 06472 $1,881 RF272-83750 TOWN OF SUTTON C/O MICHAEL E. BOYNTON 4 UXBRIDGE RD. SUTTON, MA 015901702 $836 RF272-84158 CALHAN PUBLIC SCHOOL DIST. RJ1 C/O RICHARD M. ULLOM P.O. BOX 800 CALHAN, CO 80808 $312 RF272-90792 INDIANA GLASS CO. C/O JOHN THUMANN 4460 LAKE FOREST DR., #200 CINCINNATI, OH 45242 $3,041 RF272-93989 CITY OF GREER C/O MARY GREER 106 S. MAIN ST. GREER, SC 296502019 $616 RR272-00082 LEE HY PAVING CORP. C/O STANLEY B. SNELLINGS P.O. BOX 7508 RICHMOND, VA 23231 $17,869 Totals: 21 RB272-00114 $288,457
Last Updated on 7/21/97
By OHA