Case No. RK272-01603

April 24, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Beatrice M. Ferron, et al.

Dates of Cases: July 14, 1995, et al.

Case Numbers: RK272-01603, 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 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 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 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 $0.00016 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 on whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds. The Appendix also indicates 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 15 recipients is $6,767.

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 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: April 27, 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
RK272-01603 BEATRICE M. FERRON NORWEST BANK, #310 HOPKINS, MN 55343 1,508,000 $1,206 RF272-61839
RK272-01774 ESTATE OF C.W. TOMBLIN C/O SUE ROACH P.O. BOX 381 HEFLIN, AL 36264 3,727,335 $2,982 RF272-54916
RK272-01775 D & P HOADLEY FARMS, INC. C/O DAVID C. HOADLEY RT. 1, BOX 854 MARSING, ID 83639 277,947 $222 RF272-38063
RK272-01776 GLENDOLA FLANIGAN 161 CNTY RD. 248 KNOBEL, AR 72435 200,415 $160 RF272-55182
RK272-01778 CHRISTINA OLSON BOX 224 DUTTON, MT 59433 281,013 $225 RF272-44550
RK272-01779 JUANITA RIGGLE-STOESER 25122 206TH ST. HAYES, SD 57537 545,912 $437 RF272-44443
RK272-01780 MARLENE E. BAASCH MAACK RR 3, BOX 487 PELICAN RAPIDS, MN 56572 447,992 $358 RF272-37605
RK272-01781 HELEN UTKE BOX 395 ORISKA, ND 58063 141,658 $113 RF272-47526
RK272-01782 LAVETTA L. MARTIN RT. 1, BOX 108 LONGDALE, OK 737559602 83,224 $67 RF272-33966
RK272-01783 OPOSSUM RIDGE FARMS C/O E.P. LUTKEN RT. 1, BOX 400 HOLLANDALE, MS 38748 296,812 $237 RF272-50278
RK272-01790 MRS. ELDON MCCLURG RT. 1, BOX 205 VIROQUA, WI 54665 77,347 $62 RF272-38711
RK272-01798 GLENNA BOGGS RR 1, BOX 1565 SANDY HOOK, KY 41171 139,852 $112 RF272-48347
RK272-01822 TASSIE SATTERLIE 1200 RUBY ST. N., BOX B ALEXANDRIA, MN 56308 123,950 $99 RF272-56255
RK272-04214 MICHAEL CANULLI 1227 HUNTER CIRCLE NAPERVILLE, IL 60540 82,696 $66 RF272-45794
RK272-04321 FRANK R. YEHLE P.O. BOX 2704 BIG BEAR CITY, CA 923142704 526,513 $421 RF272-54314
Total: 15       8,460,666 $6,767  
               


Last Updated on 7/10/97
By OHA