Case No. RF272-82506

January 30, 2003

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Crow Creek Res. School, et al.

Dates of Filings: October 9, 1990, et al.

Case Numbers: RF272-82506, et al.

This Decision and Order considers and ultimately grants nine Applications for Refund, releasing a total of $4,940 in the Subpart V crude oil refund proceeding. The names of the nine 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 nine 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 3,087,529 gallons and the sum of the refunds granted is $4,940.

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 $4,940 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:

Office of Hearings and Appeals

HG-1/L’Enfant Plaza Building

U.S. Department of Energy

1000 Independence Avenue, S.W.

Washington, D.C. 20585-1615

(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 30, 2003

Appendix for Case Nos. RF272-82506, et al.

Nine (9) Applicants

Total volume approved = 3,087,529

Total refunds approved= $4,940

RASID

RF272-82506

RF272-95849

RF272-95891

RF272-96218

RF272-96385

RF272-96927

RF272-96929

RF272-96930

RF272-96931

APPLICANT

CROW CREEK RES. SCH.

NEW CARLISLE- BETHEL SCH. DIST.

CITY OF YORKTOWN HEIGHTS

OGLETHORPE CO. BD. OF COMM.

UTAH SCHOOLS FOR DEAF & BLIND

MEDFORD SCH. DIST.

KAMIAH JT. SCH. DIST. 304

HAWTHORNE SCH. DIST.

GREENBRIER CO.

CONTACT

OR PETROLEUM FUNDS, INC.

OR TECUMSEH LOCAL SCH. DIST.

C/O THOMAS STANLEY

C/O W.A. BRYANT

OR PETROLEUM FUNDS, INC.

C/O GARY HANSON

OR PETROLEUM FUNDS, INC

OR PETROLEUM FUNDS, INC.

C/O JOYCE MOODY

ADDRESS

PO BOX 1380

9760 W. NATIONAL RD.

PO BOX 703

PO BOX 261

PO BOX 1380

PO BOX 38

PO BOX 1380

PO BOX 1380

PO BOX 506

CITY/STATE

PARIS, TN 38242- 9986

NEW CARLISLE, OH 45344

YORKTOWN HEIGHTS, NY 10598

LEXINGTON, GA 30648

PARIS, TN 38242- 9986

MEDFORD, MN 55049

PARIS, TN 38242- 9986

PARIS, TN 38242- 9986

LEWISBURG, WV 24901

VOLUME

310,672

569,160

313,100

1,113,038

347,001

136,457

67,903

95,582

134,616

REFUND

$ 497

$ 911

$ 501

$ 1,781

$ 555

$ 218

$ 109

$ 153

$ 215

(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.