DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Motion for Reconsideration
Name of Petitioner: ONC Freight Systems
Date of Filing: February 12, 2003
Case Number: RR272-00318
On December 2, 2002, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting a crude oil refund to ONC Freight Systems (ONC). ONC Freight Systems, Case No. RF272-89090 (December 2, 2002) (ONC I). In ONC I, the DOE granted ONC a refund of $92,020 based upon an approved gallonage of 57,512,329 gallons. ONCs original estimated gallonage claim totalled 71,448,623 gallons. This claim was calculated using ONCs yearly expenditures for fuel during each year in the consent order period and dividing it by that years national average price as referenced in our Decision in Joe D. Jones, 17 DOE ¶ 85,636 (1988) (Jones). In ONC I, we rejected this methodology in favor of using an final single average price to calculate ONCs estimated gallonage. ONC I, Case No. RF272-89090, slip op. at 1. However, ONCs methodology has been approved in cases subsequent to Jones. See Domco Carriers, Inc., 24 DOE ¶ 85,051 (1994). Consequently, we will grant ONCs Motion for Reconsideration and approve a refund based upon ONCs original estimated gallonage claim of 71,448,623 gallons. Because our decision in ONC I granted ONC a refund based upon 57,512,329 gallons, we will grant ONC an additional refund based upon 13,936,294 gallons (71,448,623 gallons - 57,512,329 gallons). At the current refund level of $0.0016 per gallon, ONC will be granted an additional refund of $22,298 (13,936,294 gallons x $0.0016 per gallon).
It Is Therefore Ordered That:
(1) The Motion for Reconsideration submitted by ONC Freight Systems on February 12, 2003 is hereby granted.
(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 $22,298 from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to ONC
Freight Systems or McMickle & Edwards The check should be sent to the applicant at the following address:
McMickle & Edwards
P.O. Box 221145
Memphis, TN 38122
(3) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: July 8, 2003