Case No. RG272-00816

February 26, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Applicants: R.W. Miller & Sons, Inc., et al.

Date of Filings: July 5, 1995, et al.

Case Numbers: RG272-00816, et al.

This Decision and Order will consider Applications for Refund filed by fourteen Applicants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each Applicant listed in the attached Appendix 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 the past, purchasers of refined products were able to apply to the OHA for a refund from crude oil overcharge funds collected by the DOE. 51 Fed. Reg. 27899 (August 4, 1986). We have established refund procedures for these funds, which have been made available through consent orders between the DOE and numerous firms that sold crude oil during the price control period. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987) (Berry); A. Tarricone, Inc., 15 DOE ¶ 85, 495 (1987); Mountain Fuel Supply Co., 14 DOE ¶ 85,475 (1986).

In order to receive a refund for crude oil overcharges, an Applicant generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. However, applicants that were end users of petroleum products and whose business was unrelated to the petroleum industry are presumed to have been injured. As such, they need not submit proof of injury to receive a refund in the Subpart V proceeding. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by these fourteen Applicants and determined that each was an end user of petroleum

products.(1)Each of the Applicants listed in the Appendix has documented its purchase volumes. The purchase volumes and refunds approved for each Applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 52,129,285 gallons and the sum of the refunds granted is $83,406.

The final deadline for submitting Applications in the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

It Is Therefore Ordered That:

(1) The fourteen Applications for Refund filed by the claimants listed in the Appendix 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 Appendix 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 Appendix. Each Applicant’s mailing address is also listed in the Appendix. The total amount of refunds approved in this Decision is $83,406.

(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 in its 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. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying a 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: February 26, 1997

(1)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
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND
RG272-00816 R.W. MILLER & SONS, INC. C/O PETER L. MILLER P.O. BOX 998; 2604 HWY. 120 LAKE GENEVA, WI 53147 1,821,197 $2,914
RG272-00824 OMANS CONTRACTING, INC. C/O MARION OMANS 14621 APPLE AVE. RAVENNA, MI 49451 491,104 $786
RG272-00843 LADD CONSTRUCTION CO. C/O JIM WALSH P.O. BOX 306 LADD, IL 61329 5,078,427 $8,125
RG272-00844 L.J. VONTZ CONSTRUCTION CO. C/O LOUIS J. VONTZ 2605 SADDLEHORN RD. AYR, NE 68925 6,434,984 $10,296
RG272-00853 HAROLD A. PICKENS & SONS INC. C/O WILLIAM B. PICKENS P.O. BOX 138 ANDERSON, SC 29622 9,913,488 $15,862
RG272-00872 BENNETT TOWERS, INC. C/O UTILITY BILL ANALYSIS 486 OCEANPOINT AVE. CEDARHURST, NY 11516 1,515,890 $2,425
RG272-00913 CHAMPAIGN ASPHALT CO. C/O STEPHEN CAPPELLIN F/K/A ANTHONY-OAK, INC. P.O. BOX 1676 CHAMPAIGN, IL 618241676 3,618,787 $5,790
RG272-00915 ABC LIQUORS, INC. C/O MARC L. WIGMORE P.O. BOX 593688 ORLANDO, FL 32859 18,645,815 $29,833
RG272-00923 ELWOOD LEUNING 2761 LUCY LANE ZILLAH, WA 98953 440,036 $704
RG272-00924 T & T TRUCKING, INC. C/O DONALD TAYLOR 1107 14TH AVE. CT. E. SUMNER, WA 98390 456,828 $731
RG272-00925 RECORD HAULING SERVICE, INC. C/O WALTER RECORD 1511 N. 6TH AVE. YAKIMA, WA 98902 551,310 $882
RG272-00927 WARD RUGH, INC. C/O JOE WAHLE ELLENSBURG PUYALLUP, WA 98926 1,048,229 $1,677
RG272-00964 ROBERT L. KELLY, INC. C/O ROBERT KELLY 441 W. HILLSIDE CIRCLE REYNOLDS, IN 47980 1,407,427 $2,252
RR272-00276 HEICO CHEMICALS, INC. C/O JOHN DIMEGLIO P.O. BOX 160; RT. 611 DELAWARE WATER GAP, PA 18327 705,763 $1,129
Totals: 14       52,129,285 $83,406


Last Updated on 8/14/97
By OHA