Case No. RB272-00150
April 21, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: March 24, 1999
Case Number: RB272-00150
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 August 19, 1973 through January 27, 1981, multiplied by a per gallon refund 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 smaller volumetric factor has 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) Further, applicants who previously received a refund will receive a supplemental refund based on an additional $0.0008 per gallon. 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 applicants or certifications from representatives.
The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. The Appendix also indicates the original case numbers of these applicants and the dollar amount of the supplemental refund for each applicant. The total amount of additional refunds being approved in this Order for the benefit of 13 recipients is $23,155.
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 a supplemental refund to each crude oil refund recipient set forth in the Appendix to this Order.
(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants 4, Account No. 999DOE010Z, maintained at the Department of the 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:April 21, 1999
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
APPENDIX RB272-00150 CASE NO. FIRM ADDRESS REFUND RF272-65457 CLEMON SOJOURNER 2094 SANDY YARN RD. CRYSTAL SPRINGS, MS 39059 $429 RF272-65730 AMERICAN INKS & COATINGS CORP. 330 PAWLINGS RD. PHOENIXVILLE, PA 19355 $1,802 RF272-65783 PRESIDENT CONTAINERS, INC. C/O WALTER RAMSFELDER 200 W. COMMERCIAL AVE. MOONACHIE, NJ 07074 $3,572 RF272-66510 PHILADELPHIA GERIATRIC CENTER 5301 OLD YORK RD. PHILADELPHIA, PA 19141 $1,639 RF272-66675 MARSHFIELD R-1 SCHOOL DIST. C/O MICHAEL WUTKE P.O. BOX B MARSHFIELD, MO 65706 $452 RF272-70585 LEIBERT CORP. C/O DALE BROWNING 1050 DEARBORN DR., P.O. BOX 29186 COLUMBUS, OH 43229 $1,134 RF272-73959 BRAND-REX CO. C/O T.C. RAGON 1600 W. MAIN ST. WILLIMANTIC, CT 06226 $3,725 RF272-75099 WEBSTER INDUSTRIES, INC. C/O ANDREW FELTER 325 HALL ST. TIFFIN, OH 44883 $1,675 RF272-75516 WICHITA SHEET METAL SUPPLY C/O FREDA MOORE P.O. BOX 2516; 1030 N. WASHINGTON WICHITA, KS 67201 $1,586 RF272-75520 BUCKLEY POWDER CO. 42 INVERNESS DR., E. ENGLEWOOD, CO 80112 $2,757 RF272-76665 OSCEOLA FOODS, INC. C/O C.P. MCCARTY, JR. 710 N. PEARL ST. OSCEOLA, AR 72370 $2,172 RF272-86703 CITY OF AVON LAKE, OHIO C/O SUSAN E. VALASCO 150 AVON BELDEN RD. AVON LAKE, OH 44012 $533 RF272-93172 ADAM EIDEMILLER, INC. C/O DANIEL T. PAINTER 1003 E. PITTSBURGH ST. GREENSBURG, PA 15601 $1,679 TOTALS: 13 RB272-00150 $23,155
Last Updated on 4/5/1999
By OHA