This Decision and Order considers and ultimately grants ten Applications for Refund, releasing a total of $23,388 in the Subpart V crude oil refund proceeding. The names of the ten applicants are set forth in the Appendix to this Decision and Order. Each applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and each 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). Each applicant relies on the presumption of injury for end-users as the basis for its refund claim. 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).

We have reviewed the information submitted by all seven applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. (1) 1/ After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision. 2/(2) The total volume for which refunds are approved in this Decision is 14,616,463 gallons and the sum of the refunds granted is $23,388.

The final deadline for 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, as we near the resolution of the remaining open claims, whether any further payment is appropriate.

(1) The 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 IV, Account No. 999DOE010Z, to the applicants or their representatives. Refund checks totaling $23,388 shall be sent to the applicants or their representatives at the addresses indicated in the Appendix to this Decision and Order.

(3) To facilitate the payment of any 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:

(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 the refund applications is incorrect.

(1)Some of the applications under consideration were submitted by private filing services.

(2)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	ADDRESS	CITY/STATE	VOLUME	REFUND
RF272-80977	MARION PUBLIC SCHOOLS	OR PETROLEUM FUNDS, INC. C/O BUSINESS MANAGER	PO BOX 1380	PARIS, TN 382429986	647,240	$1,036
RF272-81006	RICHLAND SPRINGS I.S.D.	OR PETROLEUM FUNDS, INC. C/O SUSAN GOSSETT	PO BOX 1380	PARIS, TN 382429986	135,326	$217
RF272-95903	PLAINFIELD BD. EDUCATION	OR PETROLEUM FUNDS, INC. C/O GARY OTTMAN	PO BOX 1380	PARIS, TN 382429986	3,831,600	$6,131
RF272-95915	CLINTON COUNTY	OR PETROLEUM FUNDS, INC. C/O DEBBIE DUVALL	PO BOX 1380	PARIS, TN 382429986	148,800	$238
RF272-95922	JASPER CITY SCHOOL DIST.	OR PETROLEUM FUNDS, INC. C/O PHILLIP WOODS	PO BOX 1380	PARIS, TN 382429986	80,940	$130
RF272-95923	CITY OF BELLAIRE	OR PETROLEUM FUNDS, INC. C/O LAWRENCE R. GRESS	PO BOX 1380	PARIS, TN 382429986	260,140	$416
RF272-96146	VILLAGE OF DOBBS FERRY	C/O JAMES W. DUNN	112 MAIN ST.	DOBBS FERRY, NY 10522	479,307	$767
RF272-96196	COOP GRAIN & SUPPLY CO.	OR ENERGY REFUNDS, INC. C/O LINDA K. COX	31 SMALL LANE	HARDIN, KY 42048	4,891,674	$7,827
RG272-01103	EXHIBITORS FILM DELIVERY	OR MCMICKLE & EDWARDS C/O EARL E. JAMESON III	PO BOX 221145	MEMPHIS, TN 38122	4,040,207	$6,464
RG272-01104	ROSITA SAND & GRAVEL, INC.	OR WILSON, KELLER & ASSOCIATES C/O FRANCISCO GUERRA JR.	PO BOX 221145	MEMPHIS, TN 38122	101,229	$162
TOTALS:	10				14,616,463	$23,388

Case No. RF272-80977

APPENDIX