Case No. RF272-86421
January 23, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Halifax County, et al.
Dates of Filing: February 4, 1991, et al.
Case Numbers: RF272-86421, et al.
This Decision and Order grants to 44 Applicants refunds in the Subpart V crude oil special refund proceeding. The names of these claimants are set forth in the Appendices to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973, through January 27, 1981 (the crude oil price control period).
In the past, purchasers of refined petroleum products could apply for refunds from crude oil overcharge funds collected by the DOE from firms that sold crude oil during the price control period. Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986); 10 C.F.R. Part 205. The Office of Hearings and Appeals has established refund procedures for these funds. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987).
The refund procedures presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE's or its predecessors' price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). The Applicants in this case are end-users of refined petroleum products.(1) The Applicants claim, based upon estimates and actual records, that they purchased a total of 128,635,657 gallons of petroleum products during the period of price controls.(2)
Each Applicant used these products to operate a school, municipality, church, cooperative, or business. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $205,821 is warranted. The amount each Applicant will receive is listed in the Appendices to the Decision and Order. It is the policy of the DOE to pay all crude oil refund claims that were filed by June 30, 1995, the final deadline for the crude oil proceeding, at the rate of $.0016 per gallon. We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we know how much money is remaining after all outstanding enforcement proceedings are resolved.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the 44 claimants listed in the Appendices 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 a total of $205,821 from the DOE deposit fund escrow account denominated Crude Tracking - Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury. The checks for the Applicants listed on Appendix A shall be made payable to "[Applicant] or Petroleum Funds, Inc.," and sent to:
Petroleum Funds, Inc.
P.O. Box 1380
Paris, TN 38242-9986
The checks for the Applicants listed on the Appendix B shall be made payable to the Applicants and shall be sent to the addresses listed on Appendix. The checks for the Applicants listed on Appendix C shall be made payable to "[Applicant] or McMickle & Edwards," and sent to:
McMickle & Edwards
c/o Mr. Chris Edwards
P.O. Box 112245
Memphis, TN 38122
(3) Each applicant in this case that is a cooperative shall pass through to its members/patrons the refund it receives on a dollar for dollar basis.
(4) 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
(5) 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 basis underlying any refund application is incorrect.
(6) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: January 23, 1997
(1)A number of the applicants in this case are cooperatives. Applications filed by cooperatives are deemed to have been filed on behalf of the members to whom they sold petroleum products. Each of the cooperatives in this case has certified that it will pass through any refund it receives to its members on a dollar for dollar basis. Under these circumstances, the cooperatives in this case are entitled to the end-user presumption of injury.
(2)Interested parties were provided with an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any Application considered in this Decision.
Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-86421 HALIFAX COUNTY OR PETROLEUM FUNDS, INC. C/O ROBERT P. LAWLER JR. 870,391 $1,393 RF272-87460 KEARNY SCHOOL DISTRICT OR PETROLEUM FUNDS, INC. C/O LESLIE J. GAULTON 3,024,306 $4,839 RF272-87797 LAMPASAS COUNTY OR PETROLEUM FUNDS, INC. C/O LARRY W. ALLISON 985,897 $1,577 RF272-88324 BOROUGH OF LEECHBURG OR PETROLEUM FUNDS, INC. C/O ANTHONY DEFILIPPI 74,621 $119 RF272-88942 NATIONAL REALTY TRUST OR PETROLEUM FUNDS, INC. C/O B.M. MOSKOW 252,156 $403 RF272-89001 WAVERLY TRUST OR PETROLEUM FUNDS, INC. C/O B.M. MOSKOW 178,567 $286 RF272-89046 BAYFIELD COUNTY OR PETROLEUM FUNDS, INC. C/O MICHAEL J. PUKSICH 806,007 $1,290 Totals: 7 6,191,945 $9,907 CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-86621 VICKSBURG CONCRETE C/O OIL & GAS AUDITING SERVICE 2 LAKESIDE DR. VICKSBURG, MS 39180 758,880 $1,214 RF272-86948 CITY OF EAST POINT C/O CURTIS RICHARDSON 2777 E. POINT ST. EAST POINT, GA 30344 2,260,034 $3,616 RF272-87021 COCA-COLA BOTTLING CO. OF OHIO C/O DON PENOVI 4500 GROVES RD. COLUMBUS, OH 43232 1,336,183 $2,138 RF272-89021 FARMERS UNION OIL CO. C/O JUDITH PEDERSON P.O. BOX 430 STARBUCK, MN 56381 13,427,946 $21,485 RF272-89043 FARMERS UNION OIL CO. C/O ALAN SCHERR 102 INDUSTRIAL WAY MOHALL, ND 58761 16,053,404 $25,685 RF272-89044 WHITE PINE COUNTY SCHOOL DIST. C/O JANE LEMOS P.O. BOX 150400 EAST ELY, NV 893150400 1,636,196 $2,618 RF272-89330 BROCKWELL TRUCKING CO., INC. C/O CHRIS P. BROCKWELL SR P.O. DRAWER 471 EMPORIA, VA 238470471 1,364,156 $2,183 RF272-89348 SOUTHWEST PAVING CO. C/O OIL & GAS AUDIT SERVICE 2 LAKESIDE DR. VICKSBURG, MS 39180 9,618,244 $15,389 RF272-89360 REALITY PLANTATION C/O RIVES CARTER C/O OIL & GAS AUDIT SERVICE 2 LAKESIDE DR. VICKSBURG, MS 39180 1,241,593 $1,987 RF272-89464 GROOMS & GROOMS TRUCKING CO. OR DWAYNE GROOMS P.O. BOX 1434 BROWNWOOD, TX 76804 494,886 $792 RF272-89817 BOARDMAN TOWNSHIP TRUSTEES C/O ANN W. TAYLOR 126 BOARDMAN POLAND RD. YOUNGSTOWN, OH 44512 159,598 $255 RF272-89844 CITY OF NAPOLEON C/O RYPERT SCHWEINHAGEN P.O. BOX 151 NAPOLEON, OH 435450151 553,064 $885 RF272-89847 MURRAY COUNTY BOARD OF EDUC. C/O DOUGLAS G. GRIFFIN P.O. BOX 40 CHATSWORTH, GA 30705 539,226 $863 RF272-89877 BELPRE CITY SCHOOL DISTRICT C/O DAVID B. COMBS 2014 WASHINGTON BLVD. BELPRE, OH 45714 232,851 $373 RF272-89881 TOWN OF MILLIS C/O BOB REARDON 7 WATER ST. MILLIS, MA 02054 408,515 $654 RF272-89890 CHRISTIAN HOME & BIBLE SCHOOL C/O SAM AYERS BOX 1017 MOUNT DORA, FL 32757 164,384 $263 RF272-89921 ST. PETER LUTHERAN CHURCH OR REV. MERLIN I. SEAL 1919 FOREST HILL DRIVE S.E. OLYMPIA, WA 985013738 9,838 $16 RF272-99005 HUMPHREYS FARMERS COOPERATIVE C/O DENNIS DREADEN OR ENERGY REFUNDS, INC. 31 SMALL LANE HARDIN, KY 42048 1,531,226 $2,450 RF272-99019 AGRI-LAND COOP C/O HARRIS R. COTTER OR ENERGY REFUNDS, INC. 31 SMALL LANE HARDIN, KY 42048 26,146,686 $41,835 RF272-99030 BEDFORD/MOORE FARMERS COOP. C/O VICKEY STEWART OR ENERGY REFUNDS, INC. 31 SMALL LANE HARDIN, KY 42048 6,292,354 $10,068 RF272-99050 LLOYD JONES WELL SERVICE, LTD. C/O KEVIN JONES 1101 S. MAIN ST. PERRYTON, TX 79070 1,097,079 $1,755 RF272-99054 DALE J. JONES HCR 1, BOX 2 MORSE, TX 79062 252,945 $405 RF272-99060 ST. PETER & ST. PAUL CHURCH OR CHURCH OF ALL SAINTS C/O MICHAEL TOTH BOX C MINEVILLE, NY 12956 29,782 $48 RF272-99061 ST. MICHAEL'S CHURCH OR CHURCH OF ALL SAINTS C/O MICHAEL TOTH BOX C MINEVILLE, NY 12956 30,694 $49 RF272-99065 BERRY TREE LANDSCAPE CO. OR ROBERT W. MANESS 3831 WINSLOW FT. WORTH, TX 76109 30,486 $49 RF272-99066 QUEEN OF PEACE CHURCH C/O JANIE LINK 2434 N. FARRAGUT ST. PORTLAND, OR 97217 90,400 $145 RF272-99076 ST. PHILIP NERI CHURCH C/O MICHAEL TOTH 66 PLEASANT ST. WESTPORT, NY 12993 59,830 $96 RF272-99089 CHURCH OF ST. FRANCIS ASSISI C/O EILEEN STILLER 44055 STATE HWY. 238 FREEPORT, MN 56331 80,550 $129 Totals: 28 50,278,812 $137,445 CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-89123 FROELICH TRANSPORTATION CO. OR MCMICKLE & EDWARDS CRAIG FROELICH 5,138,552 $8,222 RF272-89134 GREEN MOTOR LINES INC. OR MCMICKLE & EDWARDS C/O TOM JENKINS 1,602,468 $2,564 RF272-89166 SPECIAL SERVICE DELIVERY CO. OR MCMICKLE & EDWARDS C/O WILLIAM F. KNOBLE 1,537,214 $2,460 RF272-89171 V.F. WARNER & SON OR MCMICKLE & EDWARDS C/O JOHN DODSON 383,486 $614 RF272-89173 WALSH TRUCKING SERVICE, INC. OR MCMICKLE & EDWARDS C/O DAVID HAZEN 3,433,890 $5,494 RF272-89180 HARRIS TRANSPORTATION OR MCMICKLE & EDWARDS C/O RALPH HARRIS 5,563,263 $8,901 RF272-89182 KERR MOTOR LINES, INC. OR MCMICKLE & EDWARDS C/O JEFF KERR 1,832,273 $2,932 RF272-89187 MIDDLEWEST FREIGHTWAYS, INC. OR MCMICKLE & EDWARDS C/O STEVEN M. GULA 16,232,477 $25,972 RF272-89385 BROWN FREIGHT LINE, INC. OR MCMICKLE & EDWARDS C/O CHARLES BROWN 819,059 $1,310 Totals: 9 36,542,682 $58,469
Last Updated on 8/14/97
By OHA