Case No. RF272-94616

December 11, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Alma Farmers Union Co-op, et al.

Date of Filings: March 17, 1993, et al.

Case Numbers: RF272-94616, et al.

This Decision and Order considers and ultimately grants, in whole or in part, five Applications for Refund, releasing a total of $39,494 in the Subpart V crude oil refund proceeding. The names of the five Applicants are set forth in the Appendix to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and each has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy (DOE) pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). Each Applicant relies on the presumption of injury for end-users as the basis for its refund claim. Under this presumption, OHA will presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by all five applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision.(1) The total volume for which refunds are approved in this Decision is 24,683,787 gallons and the sum of the refunds granted is $39,494.

The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the

resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

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 IV, Account No. 999DOE010Z, to the applicants or their representatives listed in the Appendix. A refund check in the amount of $6,962 shall be sent to the representative of three applicants:

Energy Refunds, Inc.

P.O. Box 656

Hardin, KY 42048

Checks totaling $32,532 shall be sent to the other applicants 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 the 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: December 11, 1997

Case Number

Applicant

Address

Volume

(gallons)

Refund Amount

RF272-94616

Alma Farmers Union Co-op

.

P.O. Box 4481

Alma, WI 54610

11,642,639

$18,628

RF272-94663

Farmers Coop. Association or

Energy Refunds, Inc.

P.O. Box 656

Hardin, KY

42048

1,425,051

2,280

RF272-94669

Schaeffer Manufacturing Co.

102 Barton St.

St. Louis, MO 63104

8,689,750

13,904

RF272-94688

Decatur Farmers Coop. or Energy Refunds Inc.

P.O. Box 656 Hardin, KY 42048

1,099,528

1,759

RF272-94696

Forestberg Farmers Elevators Co. or Energy Refunds, Inc.

P.O. Box 656

Hardin, KY 42048

1,826,819

2,923

TOTAL

5 Applicants

24,683,787

$39,494

(1)Interested parties were given an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any application involved in this determination.