Case No. RF272-53605
April 5, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Cantor Real Estate Corp., et al.
Dates of Filings: April 20, 1988, et al.
Case Numbers: RF272-53605, et al.
This Decision and Order grants to 28 Applicants refunds in the Subpart V crude oil special refund proceeding. The names of these claimants are set forth in the Appendices to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973, through January 27, 1981 (the crude oil price control period).
In the past, purchasers of refined petroleum products could apply for refund from crude oil overcharge funds collected by the DOE from firms that sold crude oil during the price control period. Statement of Modified Restitutionary Policy in Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986); 10 C.F.R. Part 205. The Office of Hearings and Appeals has established refund procedures for these funds. E.g., Barry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987).
The refund procedures presume applicants were injured if they were end-users of petroleum products and were not covered by the DOEs or its predecessors price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). The applicants in this case are end- users of refined petroleum products. The Applicants claim, based upon estimates and actual records, that they purchased a total of 66,997,336 gallons of petroleum products during the period of price controls.(1)
Each Applicant used these products to operate a business, school, county, city, or town. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $107,197 is warranted. The amount each Applicant will receive is listed in the Appendices to the Decision and Order. It is the policy of the DOE to pay all crude oil refund claims that were filed by June 30, 1995, the final deadline for the crude oil proceeding, at the rate of $.0016 per gallon. We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we know how much money is remaining after all outstanding
enforcement proceedings are resolved.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the 28 claimants listed in the Appendices 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 a total of $107,197 from the DOE deposit fund escrow account denominated Crude Tracking - Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury. The checks for the Applicants listed on Appendix A shall be payable to the Applicants and shall be sent to the addresses listed on the Appendix. The checks for the Applicants listed on Appendix B shall be made payable to [Applicant] or Petroleum Funds, Inc. and sent to:
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 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, DC 20585-0107
(4) The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary materials submitted by the Applicants. 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 provided with an opportunity to submit comments regarding individual crude oil refund Applications. No such comments were filed with respect to any Application considered in this Decision.
Appendix
APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND CANTOR REAL ESTATE CORP. C/O MICHAEL CANTOR 7401 RIDGE BLVD. BROOKLYN, NY 11209 959,453 $1,535 ANDREW JACKSON APARTMENTS C/O THERESA SANTIAGO MARIMAR MANAGEMENT 129-09 26TH AVE. FLUSHING, NY 11354 957,632 $1,532 BROOME COUNTY GOVERNMENT C/O MARIE LE COZ P.O. BOX 1766 BINGHAMTON, NY 13902 5,479,702 $8,768 MAINE MEDICAL CENTER C/O EDWARD W. HOLLIDGE 22 BRAMHALL ST. PORTLAND, ME 04102 6,788,502 $10,862 PIKE COUNTY C/O CHUCK E. LAMBERT P.O. BOX 431 MAGNOLIA, MS 39652 2,500,000 $4,000 FALLSBURG CENTRAL SCHOOL DIST. C/O JOHN SEMENIAK BOX A H FALLSBURG, NY 12733 2,167,206 $3,468 CUMBERLAND COUNTY C/O JOHN F. NALEPA P.O. DRAWER 1829 FAYETTEVILLE, NC 283021829 3,546,773 $5,675 CITY OF BUFFALO, NY COMMISS. ADMIN. & FINANCE 203 CITY HALL BUFFALO, NY 14202 11,122,147 $17,795 HANCOCK COUNTY SECONDARY ROADS C/O J. WM. WADDINGHAM 855 STATE ST. GARNER, IA 50438 973,751 $1,558 DREW CHEMICAL CORP. C/O GEORGE MAZZONE 1 DREW CHEMICAL PLAZA BOONTON, NJ 07005 1,510,190 $2,416 VINER'S, INC. C/O WILLIAM H. VINER OR KINSEY, RIDENOUR, BECKER & KISTLER P.O. BOX 2512 LINCOLN, NE 68502 4,396,432 $7,034 KIRCHWEHM BROS. CARTAGE CO. C/O ELMER KIRCHWEHN OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 1,825,463 $2,921 FINE TRUCK LINES, INC. C/O PAT FINE 801 W. DODSON AVE. FT. SMITH, AR 72913 386,024 $618 13 42,613,275 $68,182 APPLICANT FIRM CONTACT VOLUME REFUND CARDINAL LINES, INC. OR PETROLEUM FUNDS, INC. C/O PHILLIP W. EDMISTON 603,823 $966 GENERAL TRANSFER CO. OR PETROLEUM FUNDS, INC. PHILLIP W. EDMISTON 9,503,418 $15,205 CITY OF SUMMIT OR PETROLEUM FUNDS, INC. C/O DAVID L. HUGHES 1,078,800 $1,726 CITY OF GREENACRES CITY OR PETROLEUM FUNDS, INC. C/O DAVID R. MILES 542,477 $868 PARIS CITY SPECIAL SCHOOL DIST OR PETROLEUM FUNDS, INC. PARIS CITY SPECIAL SCHOOL 108,695 $174 AMERICAN DISTILLING & MFG. INC OR PETROLEUM FUNDS, INC. C/O EDWARD C. JACKOWITZ 647,280 $1,036 TOWN OF WENDELL OR PETROLEUM FUNDS, INC. C/O BARBARA RAPER 192,085 $307 CITY OF NEW PHILADELPHIA OR PETROLEUM FUNDS, INC. C/O TIM A. HURST 645,635 $1,033 BOROUGH OF JAMESBURG OR PETROLEUM FUNDS, INC. C/O VICTOR KNOWLES 300,910 $481 NATROCHEM, INC. OR PETROLEUM FUNDS, INC. C/O JOHN N. HOWARD 1,000,940 $1,602 GREATER NANTICOKE SCHOOL DIST OR PETROLEUM FUNDS, INC. C/O LEONARD B. PRZYWARA 2,250,063 $3,600 J. GRADY RANDOLPH, INC. OR PETROLEUM FUNDS, INC. C/O JOE RANDOLPH 3,415,631 $5,465 BLUE RIDGE TRUCKING CO., INC. OR PETROLEUM FUNDS, INC. C/O RON GOLDSTEIN 1,286,076 $2,058 COASTAL TRANSPORT CO., INC. OR PETROLEUM FUNDS, INC. C/O JOHN BLACKMAN 1,187,885 $1,901 BALTIMORE TANK LINES, INC. OR PETROLEUM FUNDS, INC. C/O WAYNE KUS 1,620,343 $2,593 15 24,384,061 $39,015
Last Updated on 3/23/1999
By OHA