Case No. RK272-04058
May 30, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Sidney & Darlene Daily et al.
Dates of Filing: December 3, 1996 et al.
Case Numbers: RK272-04058 et al.
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 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 from August 19, 1973 through January 27, 1981, multiplied by a per gallon 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 lower 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) 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 all applicants or certifications from their representatives.
The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. In each case, we were informed that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-)(2) and investigated whether the individual or firm that submitted the verification form (or upon whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds. The Appendix also indicates 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 $6,075.
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 IV, 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 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: May 30, 1997
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
(2)The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.
Appendix
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM RK272-04058 SIDNEY & DARLENE DAILY 1518 HASTINGS AVE. NEWPORT, MN 55055 1,435,186 $1,148 RF272-16372 RK272-04255 ONA LEE BRANDL 3377 39TH AVE. COLUMBUS, NE 68601 360,635 $289 RF272-18756 RK272-04283 HILTON FARMS C/O MARTY HILTON RT. 1, BOX 397 MERSHON, GA 31551 497,572 $398 RF272-12718 RK272-04284 PATRICIA TRINKLE 2780 INDIAN TRAIL PINCKNEY, MI 48169 377,230 $302 RF272-28606 RK272-04293 EMPIRE TRAILWAYS, INC. C/O DOUGLAS J. LUSTIG 800 1ST FEDERAL PLAZA ROCHESTER, NY 14614 1,658,723 $1,327 RF272-14357 RK272-04301 ESTATE OF WALTER UDELHOVEN C/O BRUCE UDELHOVEN BOX 4 WINIFRED, MT 59489 211,069 $169 RF272-22595 RK272-04319 PHILIP E. LANGIN BOX 1218 IMPERIAL, NE 69033 191,238 $153 RF272-00631 RK272-04360 JAMES FRANK 7608 LUSCOMBE DR. KNOXVILLE, TN 37919 1,210,707 $969 RF272-28085 RK272-04361 DONALD R. GURN 3322 MIDWAY DR. ALLEGAN, MI 49010 403,918 $323 RF272-09388 RK272-04369 BILL URSERY 575 BROWN CREED RD. GUNTERSVILLE, AL 35976 101,089 $81 RF272-23962 RK272-04371 W.E. NEWHOUSE P.O. BOX 1158 MILES CITY, MT 59301 749,535 $600 RF272-15112 RK272-04372 UNION CONSTRUCTION CO. C/O DOUGLAS SCHAFFER 3021 WARWICK RD. JACKSON, MI 49203 394,639 $316 RF272-23939 TOTALS: 12 7,591,541 $6,075
Last Updated on 6/25/97
By OHA