Case No. RK272-05378

September 16, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Monica Faulk Padgett, et al.

Dates of Cases: July 12, 1999, et al.

Case Numbers: RK272-05378, 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 $3,174.

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 $3,174 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 16, 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
RK272-05378 MONICA FAULK PADGETT RT. 1, BOX 1175, HWY. 96JEFFERSONVILLE, GA 31044 116,867 $93 RF272-40283
RK272-05385 WILHELM LOGGINGC/O WARD WILHELM 112 3RD ST.HARLOWTON, MT 59036 746,193 $597 RF272-36754
RK272-05388 LYLA A. SWENSON PO BOX 12LANCASTER, MN 56735 281,668 $225 RF272-64000
RK272-05389 LOWELL NASE 401 N. SUMMIT VIEW DR.FT. COLLINS, CO 80524141376,438 $61 RF272-48862
RK272-05390 FRANKLIN FAMILY FARM, LPC/O DONALD W. KELL 1338 OLD ELDORENDO RD.COLQUITT, GA 31737 177,072 $142 RF272-35166
RK272-05392 ALVIN MILLER 1347 CALDWELL RD.BUCYRUS, OH 44820 227,489 $182 RF272-52982
RK272-05393 JAMES MILLER 1030 STATE RT. 4BUCYRUS, OH 44820 227,489 $182 RF272-52982
RK272-05397 RICHARD H. ROHNKE 2805 DELHAY DR.LINCOLN, NE 685072541264,581 $212 RF272-35751
RK272-05398 ERMA BEARDC/O TONY BEARD 1635 MANNING WAYCOLORADO SPRINGS, CO 80919 283,315 $227 RF272-53640
RK272-05399 LOIS CARLSON 408 N. GRANDOBERLIN, KS 67749170281,529 $65 RF272-54441
RK272-05400 NEENAH PRNTNG DIV/MENASHA CORPC/O DENNIS PRATT 2255 BROOKS AVE.NEENAH, WI 54956 63,015 $50 RF272-54552
RK272-05405 FOUR B FARMS CO.C/O DONALD BIANCHI PO BOX 690TRACY, CA 95378 357,904 $286 RF272-33601
RK272-05406 JEAN D. JANSSEN 42964 267TH ST.BRIDGEWATER, SD 57319 89,109 $71 RF272-44125
RK272-05410 JUDI'S C/O JUDI STARBUCK 125 7HT AVE., S.CLINTON, IA 52732 213,810 $171 RF272-58516
RK272-05411 JOHN MOHRMAN, JR. 2964 37TH AVE.COLUMBUS, NE 686011305100,898 $81 RF272-44696
RK272-05414 MILDRED BROADBENT 6321 HOPKINSVILLE RD.CADIZ, KY 42211 120,614 $96 RF272-32823
RK272-05421 ESTATE OF MERLE VAN STEENISC/O SHERYL MULDER 530 28TH PL.PELLA, IA 502197616173,531 $139 RF272-40559
RK272-05422 CLIFFORD JAY 2609 HENDERSON DR.GARDEN CITY, KS 678463627118,500 $95 RF272-46871
RK272-05426 ROBERT MCCLANAHAN 3305 MT. HWY. 206COLUMBIA FALLS, MT 59912 119,929 $96 RF272-36431
RK272-05427 BLUE VALLEY VETERINARY CLINICC/O SANDRA VAN WINKLE 3345 W. US HWY. 136BEATRICE, NE 68310 128,535 $103 RF272-32561
TOTALS: 20       3,968,486 $3,174  


Last Updated on 9/14/1999
By OHA