Case No. RF272-89608

April 5, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Gulf Asphalt Corporation, et al.

Dates of Filing: August 19, 1991 et al.

Case Numbers: RF272-89608 et al.

This Decision and Order will consider Applications for Refund filed by eight claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendix attached to the 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 that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each applicant's refund share is calculated using the current refund amount of $0.0016 per gallon.

We have reviewed the information submitted by these applicants and determined that each was an end-user of petroleum products.(1)Each of the applicants has demonstrated the volume of its claim by consulting actual records or by using a reasonable

estimation technique. The gallonage amounts listed in the Appendix to this Decision and Order reflect the approved purchase volume for each applicant.

Each of the applicants listed in the Appendix is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The applicants considered in this Decision applied either on their own behalf or through a private filing service. In accordance with each applicant's request, refund checks will be sent to either the applicant or its representative. The total volume for which refunds are approved in the Appendix in this Decision is 19,373,888 gallons and the sum of the refunds granted is $31,580.

We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.

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 4, Account No. 999DOE010Z, to the applicants 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 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

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. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any 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: April 5, 1999

(1)

*/ 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 CONTACTSTREET ADDRESSCITY/STATE VOLUMEREFUND
RF272-89608 GULF ASPHALT CORP.C/O CAROL ATKINSON P.O. BOX 2462PANAMA CITY, FL 32402 14,298,515 $22,878
RF272-89663 HARMS PACIFIC TRANSPORT, INC.C/O CAROL BABBIT OR MCMICKLE & EDWARDSP.O. BOX 221145MEMPHIS, TN 38122 1,239,487 $1,983
RF272-89685 ST. PIUS X CHURCHC/O REV. JOSEPH SIRBA 15 ASH BLVD.BABBITT, MN 55706 42,679 $68
RF272-89697 CITY OF BLACKWELLC/O J.B. DICKINSON OR PETROLEUM FUNDS, INC.P.O. BOX 1380PARIS, TN 382429986142,137 $227
RF272-89805 J.S. WILLIAMS & CO.C/O DAVID FRIDAY 600 N. 2ND ST.CONROE, TX 77301 167,411 $268
RF272-89854 KIRKLAND FARMS, INC.C/O TRUDIE KIRKLAND RT. 3, BOX 498OAK GROVE, LA 71263 182,340 $292
RF272-89860 BERGERON PLYMOUTH CHRYSLER INCC/O D.J. BERGERON JR. 3525 VETERANSMETAIRIE, LA 70002 155,849 $249
RF272-98981 HOWELL DRILLING, INC.C/O ERNIE E. BURNS 8610 N. NEW BRAUNFELS, #711SAN ANTONIO, TX 78217 3,509,470 $5,615
TOTALS: 8       19,737,888 $31,580
             


Last Updated on 3/23/1999
By OHA