Case No. RF272-81913
October 26, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Litchfield Public Schools, et al.
Dates of Filings: September 24, 1990, et al.
Case Numbers: RF272-81913, et al.
This Decision and Order will consider Applications for Refund filed by 23 claimants that purchased refined petroleum products during the period August 19, 1973, through January 27, 1981. Each applicant listed in the Appendix attached to this 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 generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. Applicants that were end- users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each of the applicants has shown that it was an end-user of its purchases and is entitled to a refund based on the number of gallons it purchased.
The amount of an applicant's refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 36,704,961 gallons and the sum of the refunds granted is $58,730. Four of the applicants have requested that their refund checks be sent to Petroleum Funds, Inc. (PFI), a private filing service.
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 Oil Claimants 4, Account No. 999DOE010Z, to the applicants or their representative at the addresses 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 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 a 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:October 26, 1999
Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-81913 LITCHFIELD PUBLIC SCHOOLS C/O TODD SWANSON 114 N. HOLCOMBE AVE., #100 LITCHFIELD, MN 55355 104,748 $168 RF272-82433 TIVERTON SCHOOL DEPT. C/O MICHAEL CAIRIA OR TOWN OF TIVERTON 100 N. BRAYTON RD. TIVERTON, RI 02878 1,721,062 $2,754 RF272-82538 WARWICK PUBLIC SCHOOLS C/O DAVID SMALL 34 WARWICK LAKE AVE. WARWICK, RI 02889 6,447,551 $10,316 RF272-82550 ST. MARY'S COLLEGE OF MARYLAND C/O KAREN P. HOUSE 18952 E. FISHER RD. ST. MARYS CITY, MD 206863001 1,520,396 $2,433 RF272-82561 BOONE COUNTY BD. EDUCATION C/O CHARLES CHAPMAN 69 AVE. B MADISON, WV 25130 1,408,788 $2,254 RF272-82611 SEYMOUR BD. OF EDUCATION C/O RICHARD DELDEN 98 BANK ST. SEYMOUR, CT 06483 1,383,562 $2,214 RF272-82634 CITY OF UNION C/O DEBBIE KRENKY 500 E. LOCUST UNION, MO 63084 872,994 $1,397 RF272-82647 FALMOUTH PUBLIC SCHOOLS C/O MARK P. DUPUIS OR TOWN OF FALMOUTH 340 TEATICKET HWY. EAST FALMOUTH, MA 02536 3,290,919 $5,265 RF272-82648 SALISBURY STATE UNIVERSITY C/O JOHN E. SPENCE 1101 CAMDEN AVE. SALISBURY, MD 21801 2,006,149 $3,210 RF272-82649 VOORHEESVILLE CENTRAL SCHOOL C/O ANTHONY P. MARTURANO RT. 85A VOORHEESVILLE, NY 12186 543,306 $869 RF272-82653 CITY OF CARTERVILLE C/O JOYCE A. CARNEY OR PETROLEUM FUNDS, INC. PO BOX 1380 PARIS, TN 382429986 218,505 $350 RF272-82670 BOROUGH OF STROUDSBURG C/O ROBERT FRANCIS OR PETROLEUM FUNDS, INC. PO BOX 1380 PARIS, TN 382429986 382,044 $611 RF272-82764 BRIDGETON BD. OF EDUCATION C/O DOTTIE ROBINSON BANK ST. ADMIN. BLDG., PO BOX 657 BRIDGETON, NJ 08302 1,184,351 $1,895 RF272-82777 BOWLING GREEN CITY SCHOOLS C/O RHONDA MELCHI 140 S. GROVE ST. BOWLING GREEN, OH 43402 1,206,800 $1,931 RF272-82838 CITY OF ALPENA C/O KAREN HERBERT OR PETROLEUM FUNDS, INC. PO BOX 1380 PARIS, TN 382429986 342,575 $548 RF272-82850 SPRINGBORO COMMUNITY SCHOOLS C/O PAMELA ASHBAUGH 270 W. CENTRAL AVE. SPRINGBORO, OH 45066 595,200 $952 RF272-82962 BOWIE STATE UNIVERSITY C/O WAYNE FELDER 14000 JERICHO PARK RD. BOWIE, MD 207159465 3,652,378 $5,844 RF272-82972 LAKE CITY COMMUNITY COLLEGE C/O CAROLYN LIPSCOMB RT. 19, BOX 1030, COLLEGE FACILIT. LAKE CITY, FL 32025 779,072 $1,247 RF272-82979 BERNE KNOX WESTERLO CEN SCH C/O STEPHEN BANGERT RT. 443 BERNE, NY 12023 1,493,000 $2,389 RF272-82986 AVON BD. OF EDUCATION C/O GARRY FRAZI 34 SIMSBURY RD. AVON, CT 06001 979,555 $1,567 RF272-82992 RACINE UNIFIED SCHOOL DIST. C/O ROBERT T. STEPIEN 2220 NORTHWESTERN AVE. RACINE, WI 53404 4,032,867 $6,453 RF272-82996 HAMBURG AREA SCHOOL DIST. C/O CYNTHIA HEFFNER WINDSOR ST. HAMBURG, PA 195260401 1,366,126 $2,186 RF272-84918 CITY OF HORTON C/O CAROL STIRTON OR PETROLEUM FUNDS, INC. PO BOX 1380 PARIS, TN 382429986 1,173,013 $1,877 TOTALS: 23 36,704,961 $58,730
Last Updated on 10/22/1999
By OHA