Case No. RK272-04991

July 15, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Michael R. Irwin, et al.

Dates of Cases: June 7, 1999, et al.

Case Numbers: RK272-04991, 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 18 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 18 claimants is $3,903.

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 $3,903 to the 18 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:July 15, 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
RK272-04991 MICHAEL R. IRWIN 1524 2150TH AVE.BEASON, IL 62512 119,523 $96 RF272-35396
RK272-04992 JOAN HOMOLKA 306 N. ELM ST.GENOA, NE 686403019113,251 $91 RF272-34302
RK272-04994 AGRI-AIR C/O WILLIAM D. BUNGER PO BOX 111HILDRETH, NE 68947 101,358 $81 RF272-31766
RK272-04997 GUY A. PETE 3928 JOHN ST.BERWICK, LA 70342 1,095,435 $876 RF272-60309
RK272-04998 CLINTON GREENLEY 7712 127TH AVE., S.E.LISBON, ND 58054 239,047 $191 RF272-38695
RK272-05008 ESTATE OF MARGARET R. SAUNDERSC/O DAVID L. SAUNDERS 3206 ANNRY DR.SUMMERFIELD, NC 27358 114,034 $91 RF272-37767
RK272-05015 RUBY L. RUDOLPH 2441 DANIELS DR.MANHATTAN, KS 66502 162,906 $130 RF272-42843
RK272-05019 FENTON BEABOUT 15294 N. SNAKE TRAIL RD.MARTINSVILLE, IL 63442240872,600 $58 RF272-33006
RK272-05026 DINGER HEREFORD RANCH, INC.C/O DIXIE DINGER CLARK 10814 403 AVE.HECLA, SD 57446 166,637 $133 RF272-31345
RK272-05032 LEONARD F. HARPER TRUSTC/O LARRY J. KRUCKENBERG PO BOX 1246GREAT BEND, KS 67530 1,238,494 $991 RF272-64782
RK272-05039 L.B. FORE FARMSC/O L.B. FORE 2729 ELBERRY RD.LATTA, SC 29565 123,950 $99 RF272-43844
RK272-05051 RON NORDMEYER 3290 B ROADRISING CITY, NB 68658 259,923 $208 RF272-48966
RK272-05105 RONALD J. DRUCKER 17191 SHADDOCK LA.BOCA RATON, FL 33487 123,049 $98 RF272-55692
RK272-05107 WAYNE KNEWTSON RR3, BOX 102GOOD THUNDER, MN 56037 89,513 $72 RF272-54119
RK272-05109 BEULAH E. CROUSE 1418 SPICER MOUNTAIN RD.SPARTA, NC 28675 70,829 $57 RF272-49424
RK272-05110 NOLEN CONCRETE SUPPLY, INC.C/O DALE WARD PO BOX 446GASTONIA, NC 28053 405,807 $325 RF272-43703
RK272-05111 MICHAEL KENNEDY 6336 W. CR 2005RENSSLAER, IN 47978 99,160 $79 RF272-43656
RK272-05112 IRENE SCHUMARK HCR2, BOX 71LEOLA, SD 57456 283,315 $227 RF272-40581
TOTALS: 18       4,878,831 $3,903  
               


Last Updated on 7/15/1999
By OHA