July 24, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Wion Sales and Service

Date of Filing: November 25, 1996

Case Number: RK272-04070

RC272-00365

On August 26, 1988, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order in the Subpart V crude oil refund proceeding granting a refund to Wion Sales and Service (Wion)(Case No. RF272-00222). See Durand Area Schools et al., 17 DOE ¶ 85,737 (1988). In that Decision, the Office granted a refund of $792 to Wion based on purchases of 3,960,000 gallons of refined petroleum products from August 1973 through January 1981. Almost two years later, however, Wion was granted a refund of $3,936 for purchases of 4,920,164 gallons under Case No. RF272-73275. See Allen Richardson et al., Case Nos. RF272-73002 et al. (July 25, 1990).

This Office is in the process of issuing supplemental refunds to all applicants granted refunds in the crude oil proceeding. As we stated in the August 26, 1988 Decision and Order, when additional crude oil monies became available, meritorious applicants would receive a share of the additional monies. During our review process for a supplemental refund in Case No. RF272-00222, we discovered that the later application on behalf of Wion (Case No. RF272-73275) was duplicative of the earlier application (Case No. RF272-00222). Therefore, two refunds have already been issued for the same gallonage. Accordingly, the Office shall rescind the refund for the gallons included in the earlier application. However, we will not be ordering direct repayment of that money. Instead, Wion will receive a reduced supplemental refund.

Since the supplemental per gallon refund amount ($0.0008) is the same as the prior per gallon refund amount, we will subtract the gallonage upon which the lesser of the refunds was granted from the volume of the larger application when we calculate the supplemental refund.(1) Hence, we will grant

the current supplemental refund based on a figure of 960,164 gallons (3,960,000 subtracted from 4,920,164). If there are any future disbursements of additional crude oil monies, Wion will be granted a refund based on the later volume claim granted in Case No. RF272-73275. The total amount of additional monies being granted in the Decision and Order to Wion is $768 (960,164 x $0.0008).

It Is Therefore Ordered That:

(1) The Application for Supplemental Refund filed by Wion Sales and Service (Case No. RK272-04070) is hereby granted 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 sum of $768 from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to:

Wion Sales & Service

c/o Jerry Wion

P.O. Box 148

Lamoni, IA 50140

(3) The Decision and Order issued by the Department of Energy on August 26, 1988, Durand Area Schools, Case Nos. RF272-00163, et al., is hereby rescinded as to Wion Sales & Service, Case No. RF272-00222, redesignated as RC272-00365.

(4) To facilitate the payment of future refunds, Wion Sales & Service 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

(5) Any conditions that applied to Wion Sales & Service’s receipt of the initial crude oil refund shall also apply to its receipt of this supplemental refund.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: July 24, 1997

(1)Refunds have been calculated to date by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor has been in use since April 1989, when it replaced an earlier volumetric factor of $0.0002 per gallon. Wion’s initial crude oil refund was calculated using this smaller volumetric factor. 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).