Case Nos. RF272-76385, et al.

September 10, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Butler County Commission et al.

Dates of Filing: October 27, 1989 et al.

Case Numbers: RF272-76385 et al.

This Decision and Order will consider Applications for Refund filed by 21 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendix attached to the Decision and Order has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy pursuant to the Statement of Modified Restitutionary Policy in Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986).

In order to receive a refund for crude oil overcharges, an applicant that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus,

Georgia, 16 DOE ¶ 85,550 (1987). Each applicant's refund share is calculated using the current refund amount of $0.0016 per gallon.

We have reviewed the information submitted by these applicants and determined that each was an end-user of petroleum products.(1) Each of the applicants has demonstrated the volume of its claim by consulting actual records or by using a reasonable estimation technique. The gallonage amounts listed in the Appendix to this Decision and Order reflect the approved purchase volume for each applicant.

Each of the applicants listed in the Appendix is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The applicants considered in this Decision applied through a private filing service. In accordance with each applicant's request, the refund checks will be sent to the applicants’ representative. The total volume for which refunds are approved in this Decision is 61,686,915 gallons and the sum of the refunds granted is $98,699.

We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these 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 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 4 Account No. 999DOE010Z to the applicants listed in the Appendix. The checks should be made payable to “[the applicant] or Petroleum Funds, Inc.” and sent to:

Petroleum Funds, Inc.

P.O. Box 1380

Paris, TN 38242-9986

(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

(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. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any 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: September 10, 1997

(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.


Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND
RF272-76385 BUTLER COUNTY COMMISSION OR PETROLEUM FUNDS, INC. C/O JOSEPH HENDRIX 719,204 $1,151
RF272-76398 TUCCI & SONS, INC. OR PETROLEUM FUNDS, INC. C/O KEVIN A. KEVER 9,947,315 $15,916
RF272-76404 RUSSELL STOVER CANDIES, INC. OR PETROLEUM FUNDS, INC. C/O JOHN LASCOE 861,846 $1,379
RF272-76417 SHELLER GLOBE CORP. OR PETROLEUM FUNDS, INC. C/O ED MAHON 3,485,218 $5,576
RF272-76452 GRIFFIN INDUSTRIES, INC. OR PETROLEUM FUNDS, INC. C/O GLEN NAPOLITANO 7,785,969 $12,458
RF272-76562 SCHRECKER MOVING & STORAGE OR PETROLEUM FUNDS, INC. C/O JOHN PAYNE III 2,207,194 $3,532
RF272-76594 NEW TRANSPORT, INC. OR PETROLEUM FUNDS, INC. C/O ROBERT V. SIKES 1,558,257 $2,493
RF272-76621 MERVIN L. HOLLAND TRUCKING OR PETROLEUM FUNDS, INC. MERVIN L. HOLLAND 2,909,904 $4,656
RF272-76723 JOHN S. EWELL, INC. OR PETROLEUM FUNDS, INC. C/O RICK L. BRUBAKER 3,218,378 $5,149
RF272-76764 WILLIAM'S BAKERY OR PETROLEUM FUNDS, INC. C/O JERRY BONESS 738,433 $1,181
RF272-76884 MILLER BROTHERS PAVING, INC. OR PETROLEUM FUNDS, INC. C/O DAVID LERSCH 1,521,840 $2,435
RF272-76887 RODGERS TRUCKING CO. OR PETROLEUM FUNDS, INC. C/O FRANK GHIGLIONE 1,018,649 $1,630
RF272-76897 S & D CONSTRUCTION CORP. OR PETROLEUM FUNDS, INC. C/O ANTHONY OLIVITO JR. 2,003,619 $3,206
RF272-76903 M & G MAINTENANCE CORP. OR PETROLEUM FUNDS, INC. C/O ALFREIDA BROWN 4,631,947 $7,411
RF272-76918 SEATTLE STEAM CORP. OR PETROLEUM FUNDS, INC. C/O CECIL GRAHAM 5,918,029 $9,469
RF272-76970 BERNARD MCMENAMY CONTRACT INC OR PETROLEUM FUNDS, INC. C/O HAZEL MCMENAMY 2,392,059 $3,827
RF272-76975 W.L. MILLER CO. OR PETROLEUM FUNDS, INC. C/O THOMAS D. COULTER 1,401,502 $2,242
RF272-76982 EUGENE SAND & GRAVEL, INC. OR PETROLEUM FUNDS, INC. C/O JIM MARTIN 1,810,726 $2,897
RF272-76988 SHANK ROAD OIL & CULVERT CO. OR PETROLEUM FUNDS, INC. C/O D.O. SHANK 3,366,087 $5,386
RF272-76989 GRANITE PAVING CO. OR PETROLEUM FUNDS, INC. C/O HAROLD C. PLUMMER JR. 2,876,360 $4,602
RF272-76990 BILES COLEMAN LUMBER OR PETROLEUM FUNDS, INC. C/O MARK WATSON 1,314,379 $2,103
Totals: 21     61,686,915 $98,699
           


Last Updated on 9/22/97
By OHA