Case No. RF272-83027
April 1, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Village of Sturtevant, et al.
Dates of Filings: August 8, 1991, et al.
Case Numbers: RF272-83027, et al.
This Decision and Order will consider Applications for Refund filed by six 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). Each of the applicants has shown that it was an end-user of its purchases and is entitled to a refund based on the number of gallons it purchased.
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 2,808,889 gallons and the sum of the refunds granted is $4495. Four of the applicants have requested that their refund checks be sent to Petroleum Funds, Inc., a private filing service.
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 Oil Claimants 4, Account No. 999DOE010Z, to the applicants or their representative at the addresses 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: April 1, 1997
Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-83027 VILLAGE OF STURTEVANT C/O BARBARA PAULS OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 95,448 $153 RF272-83033 CITY OF SOMERS POINT C/O WES SWAIN OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 189,572 $303 RF272-83043 CITY OF TROY C/O ALTON STARLING OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 785,441 $1,257 RF272-83057 WATCHUNG HILLS REG SCH DIST. C/O JOHN T. MURRAY II 108 STIRLING RD. WARREN, NJ 07059 1,529,366 $2,447 RF272-83062 CITY OF LAWNDALE C/O ALAN KREIMEIER 14717 BURIN AVE. LAWNDALE, CA 90260 169,312 $271 RF272-83139 GOLF SCHOOL DIST. 67 C/O GARY LONQUIST OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 39,750 $64 Totals: 6 2,808,889 $4,495
Last Updated on 7/22/97
By OHA