Case No. RK272-05013
June 28, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Cases: Barbara Yaple, et al.
Dates of Cases: June 9, 1999, et al.
Case Numbers: RK272-05013, 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 DOEs 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 four claimants is $2,905.
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 $2,905 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 applicants receipt of the initial crude oil refund shall also apply to that applicants 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:June 28, 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 RK272-05013 BARBARA YAPLE RR 1, BOX 127 HOUTZDALE, PA 16651 87,922 $70 RF272-36253 RK272-05018 ANNETTE B. COHEN 539 E., 29 ST. BROOKLYN, NY 11210 138,478 $111 RF272-56652 RK272-05029 54 REALTY CO. C/O PAUL GOLDIN 408 W. 57 RD. NEW YORK, NY 10019 211,241 $169 RF272-55708 RK272-05030 EARL L. CAMPBELL 600 SURREY DR. FINDLAY, OH 45840 139,030 $111 RF272-57904 RK272-05042 RUPERT FARMS C/O DONALD C. RUPERT 41794 METZ RD. COLUMBIANA, OH 44408 153,935 $123 RF272-43928 RK272-05063 COLLIER FARM C/O ROBERT COLLIER 1656 80TH AVE., NE NEW ROCKFORD, ND 58356 73,138 $59 RF272-33801 RK272-05064 MARLENE TERRY 9877 NEWSOME RD. GUSTINE, CA 95322 172,571 $138 RF272-33999 RK272-05068 HELEN MUELLER 29251 145 ST., NE BELGRADE, MN 56312 78,830 $63 RF272-47464 RK272-05069 EDWARD FREY 2403 CASEY'S DR. GARDEN CITY, KS 67846 134,574 $108 RF272-48486 RK272-05070 ELEANOR L. RUTGER RR3 CISNE, IL 62823 115,097 $92 RF272-49086 RK272-05072 2 KING STREET APT. CORP. C/O RONALD SCHAFFER 408 W. 57TH ST. NEW YORK, NY 10019 237,953 $190 RF272-55705 RK272-05073 10TH STREET CO. C/O RONALD SCHAFFER 408 W. 57TH ST. NEW YORK, NY 10019 130,026 $104 RF272-55709 RK272-05074 WALDRON FARMS C/O THOMAS WALDRON RR 2 BOX 50 COPELAND, KS 67837 368,309 $295 RF272-57857 RK272-05076 SCOTT R. BEERMAN 313 E. 33 SOUTH SIOUX CITY, NE 68776 760,981 $609 RF272-63243 RK272-05077 TONY JONES PO BOX 368 JETMORE, KS 67854 106,951 $86 RF272-65164 RK272-05078 LOIS B. QUINTON 13665 E. DAKOTA AVE. AURORA, CO 80012 176,000 $141 RF272-65895 RK272-05101 ELJ JOHNSON RANCH C/O JEAN JOHNSON BROCKEL 18380 PLEASANT RIDGE RD. SHADEHILL, SD 57653 131,395 $105 RF272-59370 RK272-05103 RONALD J. DRUCKER 17191 SHADDOCK LA. BOCA RATON, FL 33487 178,393 $143 RF272-55699 RK272-05104 RONALD J. DRUCKER 17191 SHADDOCK LA. BOCA RATON, FL 33487 92,542 $74 RF272-55696 RK272-05140 ARTHUR STRAUB PO BOX 207 PLEVNA, MT 59344 142,678 $114 RF272-44099 TOTALS: 20 3,630,044 $2,905
Last Updated on 6/23/1999
By OHA