Case No.RB272-00147

March 11, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Crude Oil Supplemental Refund Distribution

Date of Filing: January 6, 1999

Case Number: RB272-00147

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 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 have been calculated to date by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor has 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. Accordingly, 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 have issued a series of Decision and Orders approving supplemental refunds as we have received 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 21 recipients is $23,252.

Further, we are now paying first-time crude oil refund recipients at the new, aggregate volumetric rate of $0.0016 per gallon.

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 IV, 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 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: March 11, 1999

APPENDIX   RB272-00147      
CASE NO.FIRM  ADDRESS  REFUND
RF272-32514 WILLIAMSON COUNTY SCHOOLSC/O DR. TERRY GRIER1320 W. MAIN ST., #202FRANKLIN, TN 376043700$1,419
RF272-33406 BERNADINE FAIRBANKS P.O. BOX 326GERALDINE, MT 594460326$293
RF272-36446 WHITE VILLA GROCERS, INC.C/O SAMUEL N. CIANI1801 QUAIL HOLLOW RD.DAYTON, OH 45459 $815
RF272-36780 MILTON TISSUEC/O MILTON C. TISSUE5834 TOWNHALL RD.SHERIDAN, MI 48884 $526
RF272-36973 BELLPORT BUS, INC.C/O ROBERT EGAN, PRES.80 INLET VIEW PATHEAST MORICHES, NY 11940 $834
RF272-37494 KING MOTOR LINE, INC.C/O BRYANT H. HUDSON IIIRT. 1, BOX 185MATHEWS, AL 36052 $402
RF272-38025 MERCY HOSPITAL OF JANESVILLEC/O TIM DEGARMO1000 MINERAL POINT AVE.JANESVILLE, WI 535475003$693
RF272-39893 VIRGIL ZINK 7260 2ND ST.CARRINGTON, ND 58421 $280
RF272-41007 OUR LADY OF LOURDES MEM. HOSP.C/O JOE D'ANTUONO169 RIVERSIDE DR.BINGHAMTON, NY 13905 $2,834
RF272-41246 WILLIAMSBURG COMMUNITY HOSP.C/O DON WEST391 MONTICELLO AVE., POB 8700WILLIAMSBURG, VA 231878700$591
RF272-45335 MICHAEL REESE HOSP. & MED. CTRC/O ARVID H. MERKNER2929 S. ELLIS AVE.CHICAGO, IL 60616 $3,046
RF272-45921 HERKIMER COUNTY HWY. DEPT.C/O JAY W. EWANYKP.O. BOX 167; 3RD AVE.HERKIMER, NY 13350 $703
RF272-47771 SUMTER COUNTY SCHOOLSC/O DAVID O. JONESP.O. BOX 10LIVINGSTON, AL 354700010$1,062
RF272-47794 OZINGA READY MIXED CONCRETEC/O WILLIAM D. VREE400 BLAINE ST.GARY, IN 46406 $894
RF272-53063 UNION HOSPITALC/O PAMELA PATTERSON1000 GALLOPING HILL RD. M/S 79UNION, NJ 07083 $936
RF272-54344 KAISER ALUMINUM & CHEM. CORP.C/O J.E. DANIEL6177 SUNOL BLVD.PLEASANTON, CA 945667769$2,953
RF272-55820 STAIMAN INDUSTRIES, INC.C/O BRUCE O. BECKER2706 E. MAIN ST.ENDWELL, NY 13760 $665
RF272-56098 NIGHTENGALE FARMSC/O TERESA NIGHTENGALE04704 U RD.INGALLS, KS 67853 $196
RF272-61347 METROPOLITAN TRUCKING INC.C/O RICHARD KIMSEY265 MCLEAN BLVD.PATERSON, NJ 07504 $2,809
RF272-63914 SHASTA UNION HIGH SCHOOL DISTC/O JAMES R. CERRETA1313 YUBA ST.REDDING, CA 96001 $621
RF272-64905 ARROW TRANSFERC/O W.A. FOWLER11580 MITCHELL RD.RICHMOND, BC, CN V6V 1T7 $680
TOTALS: 21 RB272-00147     $23,252
           


Last Updated on 3/10/1999
By OHA