Case No. RG272-00160

May 30, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Heritage FS, Inc., et al.

Dates of Filings: April 24, 1995, et al.

Case Numbers: RG272-160, et al.

This Decision and Order will consider Applications for Refund filed by seventeen 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).

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). All of the applicants considered in this Decision and Order are agricultural cooperatives that bought petroleum products for resale to their members, who were end-users. We consider a claim by an agricultural cooperative that resold petroleum products to its members as a claim on behalf of the members. Farmers Union Oil Co., 17 DOE ¶ 85,464 (1988). Therefore, we afford such a cooperative the presumption of end-user injury on the condition that it certify that it will pass through the refund to its members. All of the cooperatives considered in this Decision and Order have provided this certification.

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 869,418,755 gallons and the sum of the refunds granted is $1,391,072.

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) The applicants shall pass through any refunds they receive to their members on a dollar for dollar basis.

(4) 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

(5) 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.

(6) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: May 30, 1997

Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND
RG272-00160 HERITAGE FS, INC. C/O JOHN COWELL P.O. BOX 339 GILMAN, IL 60938 73,604,363 $117,767
RG272-00163 PIATT COUNTY SERVICE CO. C/O DAVID DRENDEL P.O. BOX 587; 427 W. MARION ST. MONTICELLO, IL 61856 28,791,876 $46,067
RG272-00167 CASS COUNTY SERVICE CO., INC. C/O DAVE MOTTET 342 N. MAIN ST. VIRGINIA, IL 62691 30,336,054 $48,538
RG272-00168 TRICOUNTY FS, INC. C/O DAVE LEWIS P.O. BOX 367 JERSEYVILLE, IL 62052 43,640,055 $69,824
RG272-00170 SCHUYLER-BROWN FS C/O MIKE TURNER P.O. BOX 230 RUSHVILLE, IL 62681 27,302,831 $43,685
RG272-00175 S/M SERVICE CO. C/O JOE BARTOSH P.O. BOX 609 WALCOTT, IA 52773 63,174,500 $101,079
RG272-00176 MASON COUNTY SERVICE CO. C/O ANDY WAGNER P.O. BOX 79; 1ST & MAIN ST. EASTON, IL 62633 25,753,093 $41,205
RG272-00177 SPOON RIVER FS, INC. C/O KIRK HELLER P.O. BOX 217, 126 S. PUBLIC SQ. KNOXVILLE, IL 614480217 53,446,602 $85,515
RG272-00181 MONTGOMERY SERVICE CO. C/O ANTHONY J. MARCHAND P.O. BOX 477; 1 INDUSTRIAL PARK HILLSBORO, IL 62049 28,737,666 $45,980
RG272-00184 MACOUPIN SERVICE CO. C/O CARL TEBBE P.O. BOX 706; 130 N. CHILES ST. CARLINVILLE, IL 62626 46,262,642 $74,020
RG272-00185 ILLINI FS, INC. C/O DARELL TROUTH 1509 E. UNIVERSITY URBANA, IL 61801 99,713,789 $159,542
RG272-00187 LIVINGSTON SERVICE CO., INC. C/O E. TIMOTHY KING 320 N. PLUM ST. PONTIAC, IL 61764 54,558,029 $87,293
RG272-00188 WABASH VALLEY SERVICE CO. C/O TODD NEIBEL 909 N. COURT ST. GRAYVILLE, IL 62844 74,877,992 $119,805
RG272-00189 CHRISTIAN COUNTY FARMERS SUPLY C/O WILLIAM GILL P.O. BOX 377; 400 W. MARKET TAYLORVILLE, IL 62568 28,592,246 $45,748
RG272-00191 IOWA RIVER FS, INC. C/O MIKE MILLER 1017 OGAN AVE., P.O. BOX 478 GRINNELL, IA 501120478 48,765,992 $78,026
RG272-00193 MAHASKA FARM SERVICE CO. C/O BOB FARBER P.O. BOX 608 OSKALOOSA, IA 525770608 52,139,448 $83,423
RG272-00197 CEDAR VALLEY FS, INC. C/O WADE MITTELSTADT 1930 MCCLOUD AVE. NEW HAMPTON, IA 50659 89,721,577 $143,555
TOTALS: 17       869,418,755 $1,391,072


Last Updated on 6/25/97
By OHA