May 7, 2004

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Name of Firm: Marlow Farmers Cooperative

Date of Filing: July 6, 1994

Case Number: RF272-98898

This Decision and Order considers an Application for Refund filed by Marlow Farmers Cooperative (MFC) in the Subpart V crude oil refund proceeding. MFC purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 (refund period) and 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). MFC 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 at the refund level of $0.0016 per gallon of product purchased if they were end-users of petroleum products or cooperatives and were not covered by the DOE or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987); Farmers’ Co-op Association, 20 DOE ¶ 85,309 (1990).

We have reviewed the information submitted by MFC and determined that it was an end-user of eligible petroleum products. (1) MFC derived its purchase volume claim by using reasonable estimation techniques. After considering the Application, we have concluded that a refund is warranted for the purchase volume and in the amount set forth in the Decision. The total volume for the refund approved in this Decision is 9,000 gallons and the refund granted is $14.

It Is Therefore Ordered That:

(1) The Application for Refund filed on behalf of Marlow Farmers Cooperative, Case No. RF272- 98898, is 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 amount set forth in 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 applicant. A refund check for $14 shall be made

payable to “Marlow Farmers Cooperative” and be sent to the applicant’s representative at the following address:

Marlow Farmers Cooperative

c/o A.L. Hutson

President, Board of Directors

5011 W. Elk

Duncan, OK 73533

(3) To facilitate the payment of a future refund, if the DOE should determine an additional payment is warranted, the applicant 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 applicant. 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: May 7, 2004

(1)Marlow is no longer in operation and its Board of Directors is in the process of distributing its assets to its members. The President of Marlow’s Board of Directors has affirmed that the proceeds of the refund will be distributed to its members.