Case No. RF272-89811

April 29, 2002

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Name of Petitioner: J.S. & J.S. Beebe, Jr. Oil Company

Date of Filing: September 16, 1991

Case Number: RF272-89811

This Decision and Order will consider an Application for Refund filed by J.S. & J.S. Beebe, Jr. Oil Company (J.S. Beebe) of El Dorado, Arkansas. J.S. Beebe a producer of crude oil during the period August 19, 1973 through January 27, 1981, has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE).

Pursuant to current DOE policy, purchasers of refined petroleum products may apply to the OHA for a refund from crude oil overcharge funds collected by the DOE. Statement of Modified Restitutionary Policy to be Implemented in Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). We have established refund procedures for these funds, which have been made available through consent orders entered into by the DOE and numerous firms that sold crude oil during the price control period. E.g., Berry Holding Co., 16 DOE ¶ 85,045 (1987); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987); (Tarricone); Mountain Fuel Supply Co., 14 DOE ¶ 85,475 (1986). The refund procedures set forth in these cases specify that in order to receive a refund, an applicant generally must: (1) document its purchase volumes; and (2) show that it was injured by alleged crude oil overcharges. In order to receive a refund for crude oil overcharges, an applicant that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). This applicant’s share is calculated using the current refund amount of $0.0016 per gallon.

J.S. Beebe is a crude oil producer and is requesting a refund based on the firm’s purchases that were used in the operation of its oil production business. J.S. Beebe is requesting a refund based on 231,110 gallons of petroleum products. J.S. Beebe has included in its application records that were submitted in the Gulf refund proceeding to document its claim. J.S. Beebe did not sell any of the purchases that formed the basis for its application. We have carefully reviewed all of the information submitted by J.S. Beebe and have determined that J.S. Beebe was an end-user of the petroleum products that form the basis of its refund application. J.S. Beebe has certified that it has not elsewhere waived its right to receive a Subpart V crude oil refund.

J.S. Beebe is eligible to receive a refund. The total volume for which J.S. Beebe should be approved a refund in this Decision is 231,110 gallons of petroleum products. J.S. Beebe is therefore entitled to a refund of $370 (231,110 x $0.0016).

It Is Therefore Ordered That:

(1) The Application for Refund filed by J.S. & J.S. Beebe, Jr. Oil Company on September 16, 1991, 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 $370 from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No 999DOEO10Z, to:

J.S. & J.S. Beebe, Jr. Oil Company

c/o John S. Beebe, Jr.

203 Neal Street

El Dorado, Arkansas 71730

(3) To facilitate the payment of future refunds, the 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

1000 Independence Avenue, S.W.

Washington, D.C. 20585-0107

(4) The determination made in this Decision and Order is based on the presumed validity of the statements and documentary material submitted by the applicant. This determination may be revoked or modified at any time upon a finding that the basis underlying this Decision and Order is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: April 29, 2002