Case No. RK272-04135

March 28, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Petitioners: Joseph B. Henderson et al.

Dates of Filing: January 23, 1997 et al.

Case Numbers: RK272-04135 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.

In one instance, DNB Drilling, Inc., Case No. RF272-23311, we were informed that the business had been dissolved, leaving three owners, two of whom have since passed away. The refund for each of the deceased owners has been granted, as is generally our practice, to those owners' residuary beneficiaries, since there was an absence of a specific bequest of the right to a refund in the owners' wills. See, e.g., Texaco Inc./Eastland Texaco, 24 DOE ¶ 85,074 (1994). In another instance, the Ramon Trower Estate, Case No. RF272-14943, the estate has been closed and the refund has been distributed to the five residuary beneficiaries. In the case of W.C. Darby, RF272-18962, that applicant passed away, leaving his wife, Ruth King Darby, as his residuary beneficiary. In the cases of Stephens Land Leveling, Ltd., Case No. RF272-17812, and Loeslie & Laudal, Case No. RF272-22787, we were informed that each business

had been dissolved and that each of the former owners of the respective firms wished to receive an individual refund check.

Therefore, in the cases described above, each claimant was assigned a separate RK272- case number, and the approved volume claim was allocated to each claimant based on the percentage of his or her interest. In this Decision, the original RF272- number was assigned several RK272- numbers as follows: RF272-17812 (RK272- 04153 and RK272-04192), RF272-14943 (RK272-04160 and RK272-04209 through RK272-04212), RF272-22787 (RK272-04249 and RK272-04250) and RF272-23311 (RK272-04135 through RK272-4138, RK272-04223 and RK272- 04224).

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. The Appendix to this Decision and Order indicates the dollar amount of the supplemental refund granted to each applicant. The total amount of additional refunds being approved in this Order for the benefit of 24 recipients is $11,964.

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 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: March 28, 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
RK272-04135 JOSEPH B. HENDERSON 9722 U.S. HWY. 42 PROSPECT, KY 40059 304,555 $244 RF272-23311
RK272-04136 JAMES H. HENDERSON BOX 1103 EVERGREEN, CO 80437 304,555 $244 RF272-23311
RK272-04137 MALVERN F. BEAR LIVING TRUST C/O ALVIN MARCUS, TRSTEE 301 N. MAIN, #1700 WICHITA, KS 67202 1,218,222 $975 RF272-23311
RK272-04138 JAMES L. DONELSON 640 N. ROCK RD., #6 WICHITA, KS 67206 609,111 $487 RF272-23311
RK272-04153 STEPHENS LAND LEVELING, LTD. OR LARRY STEPHENS HCR BOX 18 DATELAND, AZ 85333 891,990 $714 RF272-17812
RK272-04160 DONALD TROWER 107 WASHINGTON ST. CIRCLE, MT 592150156 180,525 $144 RF272-14943
RK272-04186 PEPSI-COLA GEN. BOTTLERS C/O STEVE HUSOME HWY. 18 E; P.O. BOX 1284 MASON CITY, IA 50401 330,800 $265 RF272-00043
RK272-04192 STEPHENS LAND LEVELING, LTD. OR MUREL STEPHENS 25750 W. HWY. 85 BUCKEYE, AZ 85326 891,990 $714 RF272-17812
RK272-04196 RUTH KING DARBY 101 WINDGATE ST. BLYTHEVILLE, AR 72315 1,281,647 $1,025 RF272-18962
RK272-04207 JOHN A. BOWMAN 5611 LAZY LANE BILLINGS, MT 59106 1,080,139 $864 RF272-22886
RK272-04208 GIL CASTILLO 11955 COTTON MILL DR. WOODBRIDGE, VA 22192 35,394 $28 RF272-11291
RK272-04209 SUZANNE D. TROWER 2224 PINE ST. BILLINGS, MT 59102 180,525 $144 RF272-14943
RK272-04210 VALERIE OKSENDAHL 210 HAWTHORNE AVE. LEWISTOWN, MT 59457 180,525 $144 RF272-14943
RK272-04211 RAMON E. TROWER JR. 45 DICK RD. GREAT FALLS, MT 59401 180,525 $144 RF272-14943
RK272-04212 CHARLES T. TROWER P.O. BOX 530 SCOBEY, MT 59263 180,525 $144 RF272-14943
RK272-04223 LOIS B. HENDERSON FMLY TRST I C/O JOSEPH B. HENDERSON, TRUSTEE 9722 U.S. HWY. 42 PROSPECT, KY 40059 304,555 $244 RF272-23311
RK272-04224 LOIS B. HENDERSON FMLY TRST II C/O JOSEPH B. HENDERSON, TRUSTEE BOX 1103 EVERGREEN, CO 80437 304,555 $244 RF272-23311
RK272-04227 ALBERT ANDERSON & SONS C/O JULIE PETERSEN 300 S. 330 W. BURLEY, ID 83318 2,656,080 $2,125 RF272-06601
RK272-04249 HARVEY LOESLIE RT. 2 WARREN, MN 56762 201,774 $161 RF272-22787
RK272-04250 LARRY LAUDAL RT. 3, BOX 156 WARREN, MN 56762 201,774 $161 RF272-22787
RK272-04251 TELEDYNE TABER C/O NICOLE MARCEY 2049 CENTURY PARK E. LOS ANGELES, CA 900673101 305,042 $244 RF272-24525
RK272-04252 TELEDYNE OHIO STEEL C/O NICOLE MARCEY 2049 CENTURY PARK E. LOS ANGELES, CA 900673101 416,669 $333 RF272-09993
RK272-04253 TELEDYNE COLUMBIA-SUMMERILL C/O NICOLE MARCEY 2049 CENTURY PARK E. LOS ANGELES, CA 900673101 1,490,760 $1,193 RF272-14601
RK272-04254 TELEDYNE ADAMS C/O NICOLE MARCEY 2049 CENTURY PARK E. LOS ANGELES, CA 900673101 1,223,780 $979 RF272-24501
Totals: 24       14,956,017 $11,964  
               


Last Updated on 7/24/97
By OHA