Case No. RB272-00120

October 6, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Crude Oil Supplemental Refund Distribution

Date of Filing: September 15, 1997

Case Number: RB272-00120

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 the 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 August 19, 1973 through January 27, 1981, multiplied by a per gallon refund 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 smaller 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) Further, applicants who previously received a refund will receive a supplemental refund based on an additional $0.0008 per gallon. 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 applicants or certifications from representatives.

The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. The Appendix also indicates the original case numbers of these applicants and 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 16 recipients is $31,371.

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 4, 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 imposed 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: October 6, 1997

(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.


APPENDIX   RB272-00120      
CASE NO. FIRM   ADDRESS   REFUND
RF272-66211 CHICAGO PUBLIC SCHOOLS C/O MARILYN F. JOHNSON P.O. BOX 09054 CHICAGO, IL 60609 $7,633
RF272-66777 TOWNSHIP OF BLOOMFIELD C/O ANTHONY MARUCCI 1 MUNICIPAL PLAZA BLOOMFIELD, NJ 07003 $1,468
RF272-68576 KISSACK WATER & OIL CO INC. C/O SALLY REYNOLDS P.O. BOX 9 ROZET, WY 82727 $2,310
RF272-69200 CITY OF QUINCY C/O BRUCE W. PAUL 404 W. JEFFERSON ST. QUINCY, FL 32351 $501
RF272-70284 FREHNER WHOLESALE C/O ALICE FREHNER 5331 LISA LANE LAS VEGAS, NV 89129 $1,213
RF272-70381 SOUND SHORE MED. CTR. W.CHESTR C/O FRANCIS J. HAGAN 16 GUION PLACE NEW ROCHELLE, NY 10802 $4,987
RF272-71863 SAN LUIS COASTAL UNIFIED S.D. C/O RORY LIVINGSTON 1499 SAN LUIS DR. SAN LUIS OBISPO, CA 934013099 $477
RF272-74476 CITY OF PETERSBURG, VIRGINIA C/O WM. K. ARCHIBALD 103 W. TABB ST. PETERSBURG, VA 23803 $1,676
RF272-75902 FT. SANDERS REGIONAL MEDICAL C/O JANE C. DUNHAM 1901 CLINCH AVE. KNOXVILLE, TN 37916 $1,599
RF272-77162 OGDEN ALLIED AVIATION SERVICES C/O MICHAEL SCAFURA 2 PENNSYLVANIA PLAZA, 26TH FL. NEW YORK, NY 10121 $4,185
RF272-81597 KINGSTON PUBLIC SCHOOLS C/O RONALD G. CRAIG P.O. BOX 370 KINGSTON, OK 734390370 $202
RF272-83741 CITY OF DE SOTO C/O JASON A. GAGE 17 BOYD ST. DE SOTO, MO 63020 $274
RF272-84658 MAR BORG INDUSTRIES C/O TERESA BORGATELLO P.O. BOX 4127 SANTA BARBARA, CA 93140 $561
RF272-86701 ST. LOUIS PARK SCHOOL DIST 283 C/O THOMAS STRINGER 6425 W. 33RD ST. ST. LOUIS PARK, MN 55426 $746
RF272-87683 LAKE COUNTY C/O DWIGHT MAGALIS 189 N. COUNTY ST., #901 WAUKEGAN, IL 600854334 $2,568
RF272-91457 MURPHY CONCRETE PRODUCTS CO. C/O RICHARD LATHROP 1911 W. WISCONSIN AVE. APPLETON, WI 54914 $971
Totals: 16 RB272-00120     $31,371


Last Updated on 10/20/97
By OHA