Case No. RF272-85640


April 1, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Cassell Truck Lines, Inc., et al.

Dates of Filing: December 31, 1990, et al.

Case Numbers: RF272-85640, et al.

This Decision and Order grants to 30 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 423,047,465 gallons of petroleum products during the period of price controls.(2)

Each Applicant used these products to operate a school, cooperative, or business. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $676,875 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 30 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 $676,875 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 McMickle & Edwards," and sent to:

McMickle & Edwards

P. O. Box 221145

Memphis, TN 38122

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 the Appendix.

(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) The applicant in this case that is an electric utility shall pass through to its customers the entire amount of each refund made available to it pursuant to this Decision, without deduction for any expense. Within 60 days of the date of issuance of this Decision and Order, the applicant shall notify the appropriate regulatory agencies of the amount of the refund approved in this Decision, and the amounts of any future refunds shall be report to the appropriate agencies within 60 days of the receipt of those refunds.

(5) 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

(6) 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.

(7) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: April 1, 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  
RF272-85640 CASSELL TRUCK LINES, INC. OR MCMICKLE & EDWARDS C/O SPENSER L. DEPEW 2,463,721 $3,942  
RF272-89138 JEFFERSON LINES, INC. OR MCMICKLE & EDWARDS C/O CHARLES ZELLE 8,178,196 $13,085  
RF272-89151 PLAINFIELD TRUCKING INC. OR MCMICKLE & EDWARDS C/O GREGG RUFFALO 3,144,581 $5,031  
RF272-89152 PRINCE GARAGE, INC. OR MCMICKLE & EDWARDS C/O JAMES OTT 900,650 $1,441  
RF272-89164 SKINNER TRANSFER CORP. OR MCMICKLE & EDWARDS C/O WILLIAM SKINNER 11,554,155 $18,487  
RF272-89174 BLUBONNET EXPRESS, INC. OR MCMICKLE & EDWARDS C/O DOYLE HORNE 3,397,083 $5,435  
RF272-89175 BOYER-ROSENE MOVING & STORAGE OR MCMICKLE & EDWARDS C/O JACK KOVARIK 2,024,409 $3,239  
RF272-89178 FREIGHTWAYS EXPRESS, INC. OR MCMICKLE & EDWARDS C/O JAMES CLAY 4,997,598 $7,996  
RF272-89179 H. MAYNARD GOULD CO. OR MCMICKLE & EDWARDS C/O C.F. MCCARTHY 2,778,387 $4,445  
RF272-89185 LINK TRUCKING, INC. OR MCMICKLE & EDWARDS C/O KENT CULTER 2,063,634 $3,302  
RF272-89188 PAFFILE TRUCK LINE OR MCMICKLE & EDWARDS C/O DON PAFFILE 2,978,993 $4,766  
RF272-89189 PORT JERSEY TRANSPORTATION INC OR MCMICKLE & EDWARDS C/O ROBERT R. RUSSO 1,509,243 $2,415  
RF272-89191 SEWELL MOTOR EXPRESS INC. OR MCMICKLE & EDWARDS C/O HOWARD SEWELL 2,189,423 $3,503  
RF272-89192 SOUTHERN FREIGHTWAYS INC. OR MCMICKLE & EDWARDS C/O GENE BAUGH 12,839,054 $20,542  
RF272-89449 MIDWAY CARTAGE INC. OR MCMICKLE & EDWARDS C/O KENNETH EVANS 700,164 $1,120  
RF272-89450 LAKE SHORE TRANSP. LINES, INC. OR MCMICKLE & EDWARDS C/O GEORGE JOYCE 867,546 $1,388  
RF272-89453 LAKEVILLE MOTOR EXPRESS OR MCMICKLE & EDWARDS C/O STEVE WREN 838,684 $1,342  
Totals: 17     63,425,521 $101,479  
             
             
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND
RF272-86488 WESTMORLAND UNION ELEM SCH DIS C/O TERI D. PATE P.O. BOX 88 WESTMORLAND, CA 92281 107,932 $173
RF272-89198 CITY OF RALEIGH TRANSIT DIV. C/O RANDALL S. BEST 1430 S. BLOUNT ST. RALEIGH, NC 27603 1,502,076 $2,403
RF272-89367 BLUFF CITY TRANSPORTATION INC. C/O ELMER KERNAN OR KINSEY, RIDENOUR, BECKER & KISTLER P.O. BOX 2512 LINCOLN, NE 68502 2,307,950 $3,693
RF272-89396 FRONTIER FLYING SERVICE, INC. C/O ROBERT HAJDUKOVICH 3820 UNIVERSITY AVE. FAIRBANKS, AK 99709 3,259,585 $5,215
RF272-89406 INLAND REFUSE TRANSFER CO. C/O ANGELA SOINSKI P.O. BOX 25527 GARFIELD HEIGHTS, OH 44125 690,387 $1,105
RF272-89410 WHATLEY-WHITE, INC. C/O COLLIER ESPY ESPY METCALF PC P.O. DRAWER 6504 DOTHAN, AL 36302 4,473,043 $7,157
RF272-89411 WHATLEY SUPPLY CO., INC. OR KENNETH WHATELY P.O. BOX 1366 DOTHAN, AL 36303 3,769,638 $6,031
RF272-89459 ASPHALT ENGINEERS, INC. C/O JACK CROWEL 59755 MARKET ROAD SOUTH BEND, IN 46614 3,751,090 $6,002
RF272-89469 A & E SERVICES, INC. C/O ART HAGAN 835 43RD ST. S. ST. PETERSBURG, FL 33711 595,200 $952
RF272-99001 ABILENE COOPERATIVE ASSN. C/O GERALD O'NEAL OR ENERGY REFUNDS, INC. 31 SMALL LANE HARDIN, KY 42048 1,612,816 $2,581
RF272-99016 TUSCARAWAS LANDMARK, INC. C/O BRIAN AMSTUTZ OR ENERGY REFUNDS, INC. 31 SMALL LANE HARDIN, KY 42048 49,481,859 $79,171
RF272-99028 COUNTRY STAR COOP C/O RON DENTINGER OR ENERGY REFUNDS, INC. 31 SMALL LANE HARDIN, KY 42048 9,992,414 $15,988
RF272-99038 PENNSYLVANIA POWER & LIGHT CO. C/O B.M. SCANLAN 2 N. 9TH ST. ALLENTOWN, PA 18101 278,077,954 $444,925
Totals: 13       359,621,944 $575,396
             


Last Updated on 7/22/97
By OHA