Case No. RK272-04064
March 3, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Cases: Nora Lee Elkins, et al.
Dates of Cases: December 4, 1996, et al.
Case Numbers: RK272-4064, 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 the jurisdiction of the DOEs 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 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 $0.00016 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 on 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 20 recipients is $55,294.
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. 999DOE0919Z, maintained at the Department of 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 applicants receipt of the initial crude oil refund shall also apply to that applicants 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: March 3, 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 RK272-04064 NORA LEE ELKINS 128 S. SAGINAW BLVD. SAGINAW, TX 76179 972,894 $778 RF272-55610 RK272-04065 AYRES FARMS C/O HERBERT AYRES 6397 QUAY RD. T SAN JON, NM 88434 619,752 $496 RF272-34545 RK272-04068 OLD PRECAST, INC. C/O ROBERT D. QUINN D.B.A. AMCOR PRECAST P.O. BOX 608 AUBURN, WA 980710608 1,665,585 $1,332 RF272-48883 RK272-04072 DIXIE YARNS, INC. ATTN: GARY A. HARMON P.O. BOX 751 CHATTANOOGA, TN 37401 9,343,968 $7,475 RF272-38240 RK272-04080 HERTA HECHING 40 W. 57TH ST., 27TH FL. NEW YORK, NY 10019 200,000 $160 RF272-49333 RK272-04081 ESTATE IN BANKRUPTCY OF GRAYLINE HAWAII, LTD. C/O MARY LOU WOO, TRUSTEE 91590 FARRINGTON HWY., #210 KAPOLEI, HI 96707 7,638,640 $6,111 RF272-54331 RK272-04082 HEWITT CONTRACTING CO. C/O C.B. HEWITT JR. P.O. BOX 7788 COLUMBUS, GA 31908 1,133,159 $907 RF272-53861 RK272-04086 JIM BEAM BRANDS CO. C/O CRAIG M. SMITH 510 LAKE COOK RD., #200 DEERFIELD, IL 60015 5,662,347 $4,530 RF272-53903 RK272-04089 BENJAMIN L. GROOM P.O. BOX 701 WOODVILLE, MS 39669 388,427 $311 RF272-63885 RK272-04094 ELVIN BALL 710 M ST. BELLEVILLE, KS 669351550 820,491 $656 RF272-61849 RK272-04104 DIAMOND C ENTERPRISES, INC. C/O W.H. COLLINS 4192 HWY. 501 WINNFIELD, LA 71483 1,554,276 $1,243 RF272-41105 RK272-04112 B.L. ANDERSON, INC. C/O KARLA GOETTEL 3440 GRANT WOOD FOREST, S.E. CEDAR RAPIDS, IA 52403 1,844,246 $1,475 RF272-53183 RK272-04113 WARREN G. HARTMAN TRUST C/O COUNTY NATIONAL BANK ATTN: CARL PETERSON P.O. BOX 42 CLEARFIELD, PA 16830 629,551 $504 RF272-35784 RK272-04117 MCNALL FARMS C/O WILLIAM R. MCNALL 8826 E. CNTY A JANESVILLE, WI 53546 885,360 $708 RF272-41004 RK272-04118 WELLTECH MID-CONTINENT DIV. OF KEY ENERGY GROUP C/O JIM BURGE 3801 VALLEY PARK DR. EL RENO, OK 73036 28,763,533 $23,011 RF272-63692 RK272-04122 BELL ATLANTIC CORP. NATIONAL TELEPHONE DIR. C/O ANTHONY LA FORGIA 3 EXECUTIVE DR. SOMERSET, NJ 08875 1,250,276 $1,000 RF272-65471 RK272-04128 FULSCHER FARMS C/O MARY FULSCHER 584 CNTY RD. 55 AMHERST, CO 80721 468,302 $375 RF272-57569 RK272-04145 MODEL DYE SOUTHERN, INC. C/O RENE M. PETIT 635 MATTISON AVE. SUMTER, SC 29150 3,147,759 $2,518 RF272-53844 RK272-04148 BERT D. VANDYK 13151 WALKER AVE. ONTARIO, CA 91761 769,597 $616 RF272-57745 RK272-04150 GERALD D. WRIGHT TRUST C/O ROBERT WRIGHT 1501 7TH AVE., S.E. JAMESTOWN, ND 584015706 1,360,338 $1,088 RF272-51919 Totals: 20 69,118,501 $55,294
Last Updated on 8/13/97
By OHA