Case No. RF272-96373
July 14, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Yale School District, et al.
Dates of Filings: June 10, 1994, et al.
Case Numbers: RF272-96373, et al.
This Decision and Order considers and ultimately grants 14 Applications for Refund, releasing a total of $11,497 in the Subpart V crude oil refund proceeding. The names of the 14 applicants are set forth in the Appendix to this Decision and Order. Each applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and each 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). Each applicant 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 if they were end-users of petroleum products and were not covered by the DOE or its predecessors price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).
We have reviewed the information submitted by all 14 applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. (1) 1/ After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision. 2/(2) The total volume for which refunds are approved in this Decision is 7,184,924 gallons and the sum of the refunds granted is $11,497.
The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the claimants listed in the Appendix to this Decision and Order for all available crude oil overcharge funds are 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 amounts set forth in the Appendix to 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 applicants representative, Petroleum Funds, Inc. Refund checks totaling $11,497 shall be sent to Petroleum Funds, Inc. at the following address:
Bobbi Brown
Petroleum Funds, Inc.
P.O. Box 1380
Paris, TN. 38242-9986
(3) To facilitate the payment of future refunds, the applicants 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:
Director of Management Information
Office of Hearings and Appeals
Department of Energy
1000 Independence Avenue, S.W.
Washington, D.C. 20585-0107
(4)The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary material submitted by the applicants. 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:July 14, 1999
(1)All of the applications under consideration were filed by Petroleum Funds, Inc., a private filing service located in Paris, Tennessee.
(2)Interested parties were given an opportunity to submit comments regarding individual crude oil refund applications. No such comments were filed with respect to any application involved in this determination.
Appendix
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND RF272-96373 YALE SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O JAMES COX 166,350 $266 RF272-96376 VALLEY VIEW PUBLIC SCHOOL OR PETROLEUM FUNDS, INC. C/O RADIUS BAKER 161,247 $258 RF272-96950 QUARTZSITE SCHOOL DIST. 4 OR PETROLEUM FUNDS, INC. C/O PATRICIA CAPPS 95,403 $153 RF272-96962 FRAZIER SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O ROBERT ACKLIN 19,120 $31 RF272-96966 CITY OF BONNEY LAKE OR PETROLEUM FUNDS, INC. C/O JEFFERY BALOCA 331,772 $531 RF272-96970 JOHNNY B. BOOLDIN OR PETROLEUM FUNDS, INC. 136,177 $218 RF272-96978 TOWN OF PUTNAM OR PETROLEUM FUNDS, INC. C/O DANIEL ROVERO 1,914,870 $3,064 RF272-96979 STODDARD COUNTY OR PETROLEUM FUNDS, INC. C/O GAYNALL FOWLER 128,109 $205 RF272-96987 DIXON UNIFIED SCHOOLS OR PETROLEUM FUNDS, INC. C/O ALEX AGATITA 109,368 $175 RF272-96988 CITY OF BENNINGTON OR PETROLEUM FUNDS, INC. C/O PAUL BOHNE 1,178,376 $1,885 RF272-96991 CALLAWAY COUNTY OR PETROLEUM FUNDS, INC. C/O ROSEMARY GANNAWAY 804,130 $1,287 RF272-96994 SOUTH POINT LOCAL SCHOOL DIST OR PETROLEUM FUNDS, INC. C/O RICK WAGONER 248,057 $397 RF272-96996 RINGWOOD SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O RENA HENDRICK 457,604 $732 RF272-96997 SUTTER COUNTY OR PETROLEUM FUNDS, INC. C/O SATWAMT TAKHAR 1,434,341 $2,295 TOTALS: 14 7,184,924 $11,497
Last Updated on 7/13/1999
By OHA