Case No. RF272-97051

August 4, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Applicants: North Point Cab Company, et al.

Dates of Filing: June 17, 1994, et al.

Case Numbers: RF272-97051, et al.

This Decision and Order will consider Applications for Refund submitted by six Applicants that purchased refined petroleum products for use in their businesses during the crude oil price control period.(1)The names of these Applicants are set forth in the Appendix to this Decision and Order. Each Applicant has requested a refund from crude oil funds available for disbursement by the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) pursuant to 10 C.F.R. Part 205, Subpart V.

Formerly, purchasers of refined petroleum products during the crude oil price control period could apply for a refund from crude oil overcharge funds. 51 Fed. Reg. 27899 (August 4, 1986).The DOE collected the crude oil overcharge funds through consent orders with certain firms that sold crude oil during the price control period. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987); Mountain Fuel Supply Co., 14 DOE ¶ 85,475 (1986).

The refund procedures specified that in order to receive a refund, an applicant generally must: (1) document its purchase volumes; and (2) show that it was injured by alleged crude oil overcharges. An applicant who was an end-user (ultimate consumer) of petroleum products, whose business was unrelated to the petroleum industry, and who was not subject to the price regulations of the DOE or its predecessors, is presumed to have absorbed rather than passed on

alleged crude oil overcharges, and is therefore presumed to have been injured. 52 Fed. Reg. 11737 at 11743 (April 10, 1987).

We have carefully reviewed the Applications. The Applicants determined their gallonage figures by reference to either estimates or contemporaneous records. We find that these figures are reasonable and accurate. We find further that all six Applicants may claim the presumption of end-user injury. Consequently, the Applicants are entitled to receive their full allocable share of crude oil overcharge funds. The refund amount granted to each Applicant, which is calculated by multiplying the approved gallonage claim by the volumetric refund amount of $.0016 per gallon, is set forth in the Appendix to this Decision and Order. The total volume approved in this Decision and Order is 37,844,203 gallons of refined petroleum products, and the total of the refunds granted is $60,550.

The final deadline for the crude oil refund proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund applicants at the rate of $0.0016 per gallon. We will decide whether sufficient crude oil overcharge funds are available for additional refunds for this and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the six Applicants listed in the Appendix to this Decision and Order 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 a total of $60,550 from the DOE deposit fund escrow account denominated Crude Tracking Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury, to the six Applicants listed in the Appendix to this Decision and Order, in the amounts set forth in that 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 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

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 materials submitted by the Applicants. These determinations may be revoked or modified at any time upon a finding that the factual basis underlying any Application for Refund is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: August 4, 1997

APPENDIX

NORTH POINT CAB CO., INC., ET AL.

CASE NOS. RF272-97051, ET AL.

CASE NO.

APPLICANT

ADDRESS

VOLUME

REFUND

RF272-97051

NORTH POINT CAB CO.

409 GLENWOOD RD

1,115,111

$1,784

OR KENNETH ROSS

BEL AIR

MD 21014

RF272-97061

COCA COLA BOTTLING

19 WORTHINGTON DR

5,101,500

$8,162

CENTRAL STATES

MARYLAND HTS

MO 63043

C/O BOB MCGAHAN

RF272-97086

JUNEAU TRANSIT CO.

PO BOX 221145

1,688,345

$2,701

OR GEORGE VALLESKEY

MEMPHIS

TN 38122

AND WILSON, KELLER & ASSOC.

RG272-00035

WELL TREATING SERVICE

RR5, BOX 430

27,021,042

$43,234

C/O EDGAR BLAIR

CLEBURN

TX 76031-9278

RR272-00299

GRAVES CONSTRUCTION

PO BOX 208

278,166

$445

C/O DAN GRAVES

MELVIN

IA 51350

RR272-00297

CORTLAND BULK MILK PRODUCERS

RD#1 POLKVILLE

2,640,039

$4,224

C/O ROBERT A. SPROUSE

CORTLAND

NY 13045

*** TOTALS

6 APPLICANTS

37,844,203

$60,550

(1) The crude oil price control period extended from August 19, 1973 through January 27, 1981.