Case No. RF272-81913

October 26, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Litchfield Public Schools, et al.

Dates of Filings: September 24, 1990, et al.

Case Numbers: RF272-81913, et al.

This Decision and Order will consider Applications for Refund filed by 23 claimants that purchased refined petroleum products during the period August 19, 1973, through January 27, 1981. Each applicant listed in the Appendix attached to this Decision and Order 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).

In order to receive a refund for crude oil overcharges, an applicant generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. Applicants that were end- users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each of the applicants has shown that it was an end-user of its purchases and is entitled to a refund based on the number of gallons it purchased.

The amount of an applicant's refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 36,704,961 gallons and the sum of the refunds granted is $58,730. Four of the applicants have requested that their refund checks be sent to Petroleum Funds, Inc. (PFI), a private filing service.

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 Oil Claimants 4, Account No. 999DOE010Z, to the applicants or their representative at the addresses listed in the Appendix.

(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 a refund application is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date:October 26, 1999

Appendix
CASE NO.APPLICANT CONTACTSTREET ADDRESSCITY/STATE VOLUMEREFUND
RF272-81913 LITCHFIELD PUBLIC SCHOOLSC/O TODD SWANSON 114 N. HOLCOMBE AVE., #100LITCHFIELD, MN 55355 104,748 $168
RF272-82433 TIVERTON SCHOOL DEPT.C/O MICHAEL CAIRIA OR TOWN OF TIVERTON100 N. BRAYTON RD.TIVERTON, RI 02878 1,721,062 $2,754
RF272-82538 WARWICK PUBLIC SCHOOLSC/O DAVID SMALL 34 WARWICK LAKE AVE.WARWICK, RI 02889 6,447,551 $10,316
RF272-82550 ST. MARY'S COLLEGE OF MARYLANDC/O KAREN P. HOUSE 18952 E. FISHER RD.ST. MARYS CITY, MD 2068630011,520,396 $2,433
RF272-82561 BOONE COUNTY BD. EDUCATIONC/O CHARLES CHAPMAN 69 AVE. BMADISON, WV 25130 1,408,788 $2,254
RF272-82611 SEYMOUR BD. OF EDUCATIONC/O RICHARD DELDEN 98 BANK ST.SEYMOUR, CT 06483 1,383,562 $2,214
RF272-82634 CITY OF UNIONC/O DEBBIE KRENKY 500 E. LOCUSTUNION, MO 63084 872,994 $1,397
RF272-82647 FALMOUTH PUBLIC SCHOOLSC/O MARK P. DUPUIS OR TOWN OF FALMOUTH340 TEATICKET HWY.EAST FALMOUTH, MA 02536 3,290,919 $5,265
RF272-82648 SALISBURY STATE UNIVERSITYC/O JOHN E. SPENCE 1101 CAMDEN AVE.SALISBURY, MD 21801 2,006,149 $3,210
RF272-82649 VOORHEESVILLE CENTRAL SCHOOLC/O ANTHONY P. MARTURANO RT. 85AVOORHEESVILLE, NY 12186 543,306 $869
RF272-82653 CITY OF CARTERVILLEC/O JOYCE A. CARNEY OR PETROLEUM FUNDS, INC.PO BOX 1380PARIS, TN 382429986218,505 $350
RF272-82670 BOROUGH OF STROUDSBURGC/O ROBERT FRANCIS OR PETROLEUM FUNDS, INC.PO BOX 1380PARIS, TN 382429986382,044 $611
RF272-82764 BRIDGETON BD. OF EDUCATIONC/O DOTTIE ROBINSON BANK ST. ADMIN. BLDG., PO BOX 657BRIDGETON, NJ 08302 1,184,351 $1,895
RF272-82777 BOWLING GREEN CITY SCHOOLSC/O RHONDA MELCHI 140 S. GROVE ST.BOWLING GREEN, OH 43402 1,206,800 $1,931
RF272-82838 CITY OF ALPENAC/O KAREN HERBERT OR PETROLEUM FUNDS, INC.PO BOX 1380PARIS, TN 382429986342,575 $548
RF272-82850 SPRINGBORO COMMUNITY SCHOOLSC/O PAMELA ASHBAUGH 270 W. CENTRAL AVE.SPRINGBORO, OH 45066 595,200 $952
RF272-82962 BOWIE STATE UNIVERSITYC/O WAYNE FELDER 14000 JERICHO PARK RD.BOWIE, MD 2071594653,652,378 $5,844
RF272-82972 LAKE CITY COMMUNITY COLLEGEC/O CAROLYN LIPSCOMB RT. 19, BOX 1030, COLLEGE FACILIT.LAKE CITY, FL 32025 779,072 $1,247
RF272-82979 BERNE KNOX WESTERLO CEN SCHC/O STEPHEN BANGERT RT. 443BERNE, NY 12023 1,493,000 $2,389
RF272-82986 AVON BD. OF EDUCATIONC/O GARRY FRAZI 34 SIMSBURY RD.AVON, CT 06001 979,555 $1,567
RF272-82992 RACINE UNIFIED SCHOOL DIST.C/O ROBERT T. STEPIEN 2220 NORTHWESTERN AVE.RACINE, WI 53404 4,032,867 $6,453
RF272-82996 HAMBURG AREA SCHOOL DIST.C/O CYNTHIA HEFFNER WINDSOR ST.HAMBURG, PA 1952604011,366,126 $2,186
RF272-84918 CITY OF HORTONC/O CAROL STIRTON OR PETROLEUM FUNDS, INC.PO BOX 1380PARIS, TN 3824299861,173,013 $1,877
TOTALS: 23       36,704,961 $58,730


Last Updated on 10/22/1999
By OHA