Case No. RF272-76468
November 13, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Colony Transport et al.
Dates of Filing: October 30, 1989 et al.
Case Numbers: RF272-76468 et al.
This Decision and Order will consider Applications for Refund filed by 12 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981.(1) Each applicant listed in the Appendices 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.(2) 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 Appendices to this Decision and Order reflect the approved purchase volume for each applicant.
Each of the applicants listed in the Appendices is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendices. The applicants considered in this Decision applied either on their own behalf or through a private filing service. In accordance with each applicant's request, the refund checks will be sent to the applicant or the applicants representative. The total volume for which refunds are approved in Appendix A in this Decision is 27,263,422 and the sum of the refunds granted is $43,622. The total volume for which refunds are approved in Appendix B in this Decision is 26,482,831 gallons and the sum of the refunds granted is $42,372.
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 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 the refund amounts set forth in the Appendices 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 Appendices.
For those applicants listed in Appendix A, 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
For those applicants listed in Appendix B, the checks should be made payable to the applicant and sent to the address indicated 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 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
(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: November 13, 1997
(1)Two applicants, Great Bend Cooperative (Great Bend) (Case No. RF272-76689) and J.B. Honeycutt Co., Inc. (Case No. RF272- 94600), were granted refunds in earlier Decisions. However, these applicants are requesting refunds based on additional purchases and have submitted the appropriate verification of their additional purchase claims. Since this material was submitted before the filing deadline, we will consider these claims.
(2)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
APPENDIX CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-76468 COLONY TRANSPORT OR PETROLEUM FUNDS, INC. C/O JAMES E. WALDRON 1,516,620 $2,427 RF272-76482 J.B. HONEYCUTT CO., INC. OR PETROLEUM FUNDS, INC. C/O J.B. HONEYCUTT 12,754,139 $20,407 RF272-76721 BRIDGEPORT MINING CO. OR PETROLEUM FUNDS, INC. C/O JAMES H. ATKINSON 1,370,567 $2,193 RF272-76775 MILES TANK LINES, INC. OR PETROLEUM FUNDS, INC. C/O ROBERT S. ACKER 1,045,691 $1,673 RF272-76794 PACIFIC ROCK & GRAVEL CO. OR PETROLEUM FUNDS, INC. C/O RHEA LANDING 471,489 $754 RF272-76840 UNITED READY MIX CONCRETE CO. OR PETROLEUM FUNDS, INC. C/O C.E. POTTER 497,994 $797 RF272-76905 AIR ILLINOIS OR PETROLEUM FUNDS, INC. C/O CHARLES E. JONES 4,839,787 $7,744 RF272-76934 FRANK B. ROSS CO., INC. OR PETROLEUM FUNDS, INC. C/O BERNARD POMPEO 2,061,378 $3,298 RF272-76995 FLIGHT SAFETY INTERNATIONAL OR PETROLEUM FUNDS, INC. C/O MARK HEBERLING 2,705,757 $4,329 Totals: 9 27,263,422 $43,622 CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-76689 GREAT BEND COOP. ASSN. C/O FRANK RIEDL P.O. BOX 68 GREAT BEND, KS 67530 21,893,716 $35,030 RF272-76892 FARMERS UNION COOPERATIVE ASSN C/O DOUGLAS ROGGOW BOX D WAUSA, NE 68786 4,333,318 $6,933 RG272-00572 AIR CENTRAL, INC. C/O EDWARD M. ANDERWALD OR WILSON, KELLER & ASSOCIATES P.O. BOX 221145 MEMPHIS, TN 38122 255,797 $409 Totals: 3 26,482,831 $42,372
Last Updated on 11/20/97
By OHA