Case No. RF272-86630

April 27, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Phoenix Dye Works et al.

Dates of Filing: February 19, 1991 et al.

Case Numbers: RF272-86630 et al.

This Decision and Order will consider Applications for Refund filed by 16 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendices 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).

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.

Each of the applicants listed in the Appendices is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendices. The applicants considered in this Decision applied on their own behalf or through a filing service. In accordance with each applicant's request, refund checks will be sent directly to the applicant or to the applicant’s representative. The total volume for which refunds are approved in the Appendices is 22,845,553 gallons and the sum of the refunds granted is $36,551.

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 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 the refund amounts set forth in the Appendices 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 listed in the Appendices.

(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 27, 1999

Appendix
CASE NO.APPLICANT CONTACTSTREET ADDRESSCITY/STATE VOLUMEREFUND
RF272-86630 PHOENIX DYE WORKSC/O ROGER JOHNSTON 4755 W. 150TH ST.CLEVELAND, OH 44135 1,905,293 $3,048
RF272-86770 FARMERS UNION OIL CO.C/O DENNY KLEXEN P.O. BOX 107SOURIS, ND 58783 5,737,479 $9,180
RF272-88885 W.S. BADCOCK CORP.C/O PATRICK C. BAGGETT P.O. BOX 497MULBERRY, FL 33860 967,147 $1,547
TOTALS: 3       8,609,919 $13,775
             
             
CASE NO.APPLICANT FIRM CONTACT VOLUME REFUND  
RF272-88855 HELENWOOD ENERGY, INC.OR PETROLEUM FUNDS, INC.C/O ROY BURRESS1,766,896 $2,827  
RF272-88910 HOWARD COOME TRUCKINGOR PETROLEUM FUNDS, INC.C/O HOWARD COOME871,796 $1,395  
RF272-88911 HILLS MATERIALS CO.OR PETROLEUM FUNDS, INC.C/O LYNN KADING2,453,033 $3,925  
RF272-88927 JANES & TRAYLOR CORP.OR PETROLEUM FUNDS, INC.JANES INDUSTRIES, INC.831,900 $1,331  
RF272-88938 OREGON CONFERENCE OF 7 DAY ADVOR PETROLEUM FUNDS, INC.C/O RON HANKINS427,275 $684  
RF272-88939 NORVIEW CARS, INC.OR PETROLEUM FUNDS, INC.C/O TOM MCMASTER1,077,426 $1,724  
RF272-88944 MICHAEL B. MOSKOWOR PETROLEUM FUNDS, INC.  786,810 $1,259  
RF272-88945 METZGER DAIRIES, INC.OR PETROLEUM FUNDS, INC.C/O PAUL KANGAS1,056,430 $1,690  
RF272-88947 MECHANICS UNIFORMOR PETROLEUM FUNDS, INC.C/O PAULA WHITNEY560,118 $896  
RF272-88948 MCKOIN TRUCKING CO., INC.OR PETROLEUM FUNDS, INC.C/O VIRGIL L. MCKOIN656,424 $1,050  
RF272-88949 MALMAN BROTHERS INC.OR PETROLEUM FUNDS, INC.C/O BENJAMIN MALMAN787,725 $1,260  
RF272-88951 LONAS CONSTRUCTION CO., INC.OR PETROLEUM FUNDS, INC.C/O PAT GRANT1,932,726 $3,092  
RF272-88957 KEENAN TRANSIT CO.OR PETROLEUM FUNDS, INC.C/O RICHARD A. THOMPSON1,027,075 $1,643  
TOTALS: 13     14,235,634 $22,776  
             


Last Updated on 4/8/1999
By OHA