Case No. RK272-05308

September 9, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Jack Scheffen, et al.

Dates of Cases: July 2, 1999, et al.

Case Numbers: RK272-05308, et al.

Pursuant to the long-standing policy of the Department of Energy (DOE), thousands of purchasers of petroleum products have applied for, and been granted, refunds from crude oil overcharge funds under the jurisdiction of the DOE’s Office of Hearings and Appeals (OHA). See Statement of Modified Restitutionary Policy To Be Implemented In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil funds are set forth at 10 C.F.R. Part 205, Subpart V.

The OHA has approved more than 87,000 requests for refund from the pool of crude oil overcharge funds. In Subpart V crude oil refund cases, a claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period from August 19, 1973 through January 27, 1981, multiplied by a per gallon amount. That per gallon refund amount is derived by dividing the total refund monies available by the total U.S. consumption of petroleum products during the crude oil price control period. Refunds had been calculated by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor had been in use since April 1989, when it replaced an earlier volumetric factor of $0.0002 per gallon. Any applicant who received a refund at the lower volumetric factor also received a supplemental refund based on an additional $0.0006 per gallon. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).

Additional crude oil overcharge funds have become available for disbursement and we can now issue additional refund checks to applicants. Sufficient funds are available to pay applicants at a new, aggregate rate of $0.0016 per gallon.(1) Thus, the amount of the supplemental refund will be equal to the refund already received. Refunds are rounded to the nearest dollar.

In order to receive a supplemental refund check, applicants are being required to verify (directly or through their representatives) that their name and address in our records are correct, to correct any information that is not accurate, and to indicate whether there has been any change in circumstances affecting the payment of the refund. We intend to issue a series of Decision and Orders approving supplemental refunds as we receive completed verification forms from all applicants or certifications from their representatives.

This Decision and Order contains the names and addresses of 20 claimants receiving these supplemental refund checks. In each case, we were informed that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-)(2) and investigated whether the party that submitted the verification form (or on whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of the supplemental refunds. The dollar amount of the supplemental refunds being approved in this Order for the 20 claimants is $5,637.

It Is Therefore Ordered That:

(1) 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 supplemental refunds totaling $5,637 to the 20 claimants at the addresses and in the amounts specified in the Appendix to this Decision.

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of Treasury.

(3) To facilitate the payment of future refunds, an applicant shall notify the Office of Hearings and Appeals in the event that there is a change of 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

Washington, D.C. 20585-0107

(4) Any conditions imposed that applied to an applicant’s receipt of the initial crude oil refund shall also apply to that applicant’s receipt of this supplemental refund.

(5) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date:September 9, 1999

(1) We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

(2) The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.

Appendix
CASE NO.APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM
RK272-05308 JACK SCHEFFEN 848 MORNINGDOVE RD.LITTLE SUAMICO, WI 54141 96,702 $77 RF272-34617
RK272-05309 BRINKLEY FARMSC/O PAUL BRINKLEY 156 E. 11TH.SPRINGFIELD, CO 81073 495,100 $396 RF272-54390
RK272-05310 FRANK HALL PO BOX 133ORLEANS, IN 47452 345,747 $277 RF272-63157
RK272-05324 GERALD C. GLASS 326 S. B ST.LIVINGSTON, MT 590473502396,641 $317 RF272-31302
RK272-05325 AIRPORT MOTOR INN, INC.C/O RONALD J. HURWITZ 6477 COLLEGE PARK SQ., #306VIRGINIA BEACH, VA 23464 98,620 $79 RF272-35994
RK272-05326 GRACE M. WEGNER 302 E. SARATOGA SQ., #2MARSHALL, MN 56258 79,682 $64 RF272-39308
RK272-05328 DOROTHY RICENBAW 4588 DENTON RD.BEAVER CROSSING, NE 68313 679,815 $544 RF272-54949
RK272-05329 DON C. DAY PO BOX 1004CLOUDCROFT, NM 883171004190,876 $153 RF272-57739
RK272-05330 LEO SCHULTE 1000 HANOVER ST.GERMANTOWN, IL 622451906178,327 $143 RF272-61162
RK272-05341 LINDA HERRIG 1500 E. 4TH AVE.MITCHELL, SD 57301 90,489 $72 RF272-38026
RK272-05342 MARY E. GRIFFIN 442 DONLEY RD.COLQUITT, GA 31737 90,307 $72 RF272-36566
RK272-05343 FREDERICK G. LUCE 3202 ROYCE RD.VARYSBURG, NY 14167 77,735 $62 RF272-39806
RK272-05344 PATTERSON ENTERPRISES, LTD.C/O LOUIS A. FUSELIER 2000 DEPOSIT GUARANTY PL, POB 23059JACKSON, MS 3922530592,856,513 $2,285 RF272-64275
RK272-05345 EDWARDS LAND INVESTMENT, INC .C/O KEITH W. MULL RT. 1, BOX 74PAWNEE ROCK, KS 67567 319,615 $256 RF272-65241
RK272-05346 CLARENCE H. FREI 2036 1ST. AVE., #219GREELEY, CO 80631 298,300 $239 RF272-65675
RK272-05347 ROBERT BRANDSTETTER 16699 W. 51ST. AVE.GOLDEN, CO 80403 150,000 $120 RF272-65934
RK272-05358 CHARLES E. FOUTS 21509 147TH ST.BASEHOR, KS 66007 82,264 $66 RF272-37800
RK272-05359 DIANE J. ONKEN 33 LAKE SHETEK DR.SLAYTON, MN 56172 354,144 $283 RF272-39708
RK272-05360 FLANDERS A-MAIZING GRAIN, INC.C/O JIM FLANDERS 14827 STRAWTOWN AVE.NOBLESVILLE, IN 46060 94,591 $76 RF272-52441
RK272-05361 JEANNE LEE 21122 TRAILSIDE DR.YORBA LINDA, CA 92887255470,258 $56 RF272-61622
TOTALS: 20       7,045,726 $5,637  


Last Updated on 9/8/1999
By OHA