Case No. RB272-00124
November 7, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: November 4, 1997
Case Number: RB272-00124
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 August 19, 1973 through January 27, 1981, multiplied by a per gallon refund 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 smaller 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) Further, applicants who previously received a refund will receive a supplemental refund based on an additional $0.0008 per gallon. 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 applicants or certifications from representatives.
The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. The Appendix also indicates the original case numbers of these applicants and 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 12 recipients is $25,237.
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 4, 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: November 7, 1997
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
Appendix
APPENDIX RB272-00124 CASE NO. FIRM ADDRESS REFUND RF272-65967 COURIER POST C/O DONALD A. LEMIRE 301 CUTHBERT BLVD. CHERRY HILL, NJ 08002 $833 RF272-66969 ERNST, INC. C/O JAMES E. DEGAN 5509 N. PENNSYLVANIA ST. INDIANAPOLIS, IN 46220 $1,235 RF272-67524 RYAN POTATO CO. C/O JEAN HARVEY P.O. BOX 388 EAST GRAND FORKS, MN 56721 $1,266 RF272-68512 BUFFALO FUEL CORP. C/O JOHN T. O'BRIEN 344 VULCAN ST. BUFFALO, NY 14207 $1,488 RF272-71375 GRANT MEMORIAL HOSPITAL C/O GARY W. BROADWATER P.O. BOX 1019 PETERSBURG, WV 26847 $527 RF272-73783 MCWANE, INC. C/O JAN J. EHRHARDT P.O. BOX 43327 BIRMINGHAM, AL 35243 $5,544 RF272-75029 ARKANSAS TRANSPORT CO. C/O JAMES SIEGLER 7 STONEYBROOK CT. LITTLE ROCK, AR 72227 $2,649 RF272-75041 TAYLOR BROS. C/O RAYMOND TAYLOR 1813 RUGBY PLACE MEMPHIS, TN 38127 $3,124 RF272-78084 KALISPELL POLE & TIMBER CO. C/O MARVIN HOBBS 1015 6TH AVE., E. KALISPELL, MT 59901 $923 RF272-83490 CITY OF CHILLICOTHE C/O THERESA KELLY 715 WASHINGTON CHILLICOTHE, MO 64601 $2,042 RF272-86586 TRUMBULL-NELSON CONSTRUCT. CO C/O ANTHONY LABOMBARD 200 LEBANON ST. HANOVER, NH 03755 $241 RF272-92148 STUART M. PERRY, INC. C/O STEVEN C. MILLER 117 LIMESTONE LANE WINCHESTER, VA 22602 $5,365 Totals: 12 RB272-00124 $25,237
Last Updated on 11/20/97
By OHA