Case No. RF272-96943
August 4, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Lumberton Township School District, et al.
Dates of Filings: June 16, 1994, et al.
Case Numbers: RF272-96943, et al.
This Decision and Order considers and ultimately grants 12 Applications for Refund, releasing a total of $15,330 in the Subpart V crude oil refund proceeding. The names of the 12 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 12 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 9,581,954 gallons and the sum of the refunds granted is $15,330.
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 at the addresses set forth 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 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:August 4, 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 CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-96943 LUMBERTON TOWNSHIP SCHOOL DIST C/O THOMAS SANUKA 30 DIMDALE AVE.; POB 8 LUMBERTON, NJ 08048 215,514 $345 RF272-96944 SEVASTOPOL SCHOOL DIST. C/O KARL FEHL 4550 HWY. 57 STURGEON BAY, WI 54235 615,288 $984 RF272-96963 NELSON PUBLIC SCHOOLS C/O KENNETH D. BROWN P.O. BOX 368 NELSON, NE 68961 70,680 $113 RF272-96965 CITY OF BARRINGTON C/O DONNA CONDO 229 TRENTON AVE. BARRINGTON, NJ 08007 217,630 $348 RF272-96969 ADMIN SCHOOL DIST. #1 C/O JIM RODERICK 520 N.W. WALL ST. BEND, OR 97701 1,602,151 $2,563 RF272-96971 SKINNER'S DAIRY, INC. C/O H.D. GAULTNEY 6700 BOWDEN RD. JACKSONVILLE, FL 32216 1,431,565 $2,291 RF272-96973 JERRY M. SHAFFER FARMS OR JERRY M. SHAFFER BOX 489 POND CREEK, OK 73766 359,054 $574 RF272-96977 CITY OF POWELL C/O ANNETTE THORINGTON 270 N. CLARK ST. POWELL, WY 82435 656,638 $1,051 RF272-96983 WAUKOMIS SCHOOL DIST. C/O BILL BENTLEY P.O. BOX 729 WAUKOMIS, OK 73773 73,135 $117 RF272-96985 BUCKS COUNTY C/O KIMBERLY DORIAN 65 E. COURT ST. DOYLESTOWN, PA 18901 3,950,763 $6,321 RF272-96989 CONWAY SCHOOL DIST. C/O BEVERLY COLLART 19710 STATE RT. 534 MOUNT VERNON, WA 98273 133,920 $214 RF272-96995 SELMA CITY SCHOOL DIST. C/O DON INGRAM 300 WASHINGTON ST. SELMA, AL 36701 255,616 $409 TOTALS: 12 9,581,954 $15,330
Last Updated on 7/28/1999
By OHA