December 19, 2002
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioner: General Services Administration
Date of Filing: October 29, 1989
Case Numbers: RF272-76127
RF272-76245
This Decision and Order considers and ultimately denies two Applications for Refund in the Subpart V crude oil refund proceeding submitted by the General Services Administration (GSA). The Applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and has requested refunds from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy (DOE) pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The Applicant relies on the presumption of injury for end-users as the basis for its refund claims. Under this presumption, OHA will presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).
In its Applications, GSA, an end-user, claims that it purchased a total of 740,971,114 gallons of petroleum products(1). Over the period this application has been pending, we have asked for supporting documentation to substantiate the GSA purchases. After an extensive search, GSA informed OHA that such additional records were not available.
In light of the fact that there is no supporting evidence confirming their substantial gallonage claims, we are unable to grant GSAs applications for refund.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the General Services Administration, Case Nos. RF272- 76127 and RF272-76245 are hereby denied.
(2) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: Decembaer 19, 2002
(1)In its first application, Case No. RF272-76127, GSA claims purchases of 491,549,305 gallons. In a subsequent application, Case No. RF272-76245, GSA claims purchases of 249,421,809 gallons.