Case No. RF272-94678
January 14, 2002
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Hewlett Packard Co., et al.
Dates of Filings: April 26, 1993, et al.
Case Numbers: RF272-94678, et al.
This Decision and Order considers and ultimately grants five Applications for Refund, releasing a total of $15,295 in the Subpart V crude oil refund proceeding. The names of the five 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 five 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 9,559,531 gallons and the sum of the refunds granted is $15,295.
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.
It Is Therefore Ordered That:
(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 $15,295 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:
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 the refund applications is incorrect.
(5) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date:January 14, 2002
(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 STREET ADDRESS CITY/STATE VOLUME REFUND RF272-94678 HEWLETT PACKARD CO. C/O KEN DAVIES 2001 BUTTERFIELD RD., #700 DOWNERS GROVE, IL 60515 1,961,356 $3,138 RF272-94735 CRUCE PRODUCE OR WILSON, KELLER & ASSOCIATES C/O DOROTHY CRUCE PO BOX 221145 MEMPHIS, TN 38122 283,000 $453 RF272-95936 CITY OF GAINESVILLE C/O DAN SMIERCIAK PO BOX 490 GAINESVILLE, FL 32602 6,940,679 $11,105 RF272-96193 MCMULLEN COUNTY C/O LIND LEE HENRY PO BOX 237 TILDEN, TX 78072 320,065 $512 RF272-96521 HAMM PRODUCTION CO. C/O ROGER V. CLEMENT PO BOX 1032 ENID, OK 73702 54,431 $87 TOTALS: 5 9,559,531 $15,295