Case No. RF272-59907

August 10, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:State of Colorado, et al.

Dates of Filings: June 9, 1988, et al.

Case Numbers: RF272-59907, 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 Appendix 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 DOE’s 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.(1) The Applicants claim, based upon estimates and actual records, that they purchased a total of 220,549,160 gallons of petroleum products during the period of price controls.(2)

Each Applicant used these products to operate a business, cooperative, school, county, city, town, or state. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $352,882 is warranted. The amount each Applicant will receive is

listed in the Appendix 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 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 a total of $352,882 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 the Appendix shall be payable to the Applicants and shall be sent to the addresses listed on 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, 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: August 10, 1999

(1)One of the applicants in this case is a cooperative. Applications filed by cooperatives are deemed to have been filed on behalf of the members to whom they sold petroleum products. The cooperative in this case has certified that it will pass thorugh any refund it receives to its members on a dollar for dollar basis. Under these circumstances, the cooperative in this case is entitled to the end-user presumption of injury.

(2)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
CASE NO.APPLICANT CONTACTSTREET ADDRESSCITY/STATE VOLUMEREFUND
RF272-59907 STATE OF COLORADOC/O ELAINE RUMLER OFFICE OF ENERGY CONSERVATION1675 BROADWAY, #1300DENVER, CO 80202 158,602,880 $253,765
RF272-75042 ROBERT W. NEWELL, JR. TRUST #2C/O ROBERT W. NEWELL P.O. BOX 273WAPITI, WY 82450 3,324,766 $5,320
RF272-85828 CITY OF THE COLONYC/O DON OWENS OR PETROLEUM FUNDS, INC.P.O. BOX 1380PARIS, TN 382429986372,000 $595
RF272-86352 A.L. & W. MOORE TRUCKING CO.C/O LILLIE MUNN OR MCMICKLE & EDWARDSP.O. BOX 221145MEMPHIS, TN 38122 1,780,177 $2,848
RF272-86353 RELIANCE TRUCK CO.C/O KARL ZEIDLER OR MCMICKLE & EDWARDSP.O. BOX 221145MEMPHIS, TN 38122 3,841,836 $6,147
RF272-86373 FLOYD COUNTYC/O SECONDARY ROAD DEPT. 101 S. MAIN, COURTHOUSECHARLES CITY, IA 50616 1,621,249 $2,594
RF272-86374 WELLESLEY PUBLIC SCHOOLSC/O DANA COTTO 40 KINGSBURY ST.WELLESLEY, MA 02481 3,168,933 $5,070
RF272-86375 LAUBACH & SONS INC.C/O CLAUDE LAUBACH P.O. BOX 19CARTER, MT 59420 57,231 $92
RF272-86384 CITY OF ROSEVILLEC/O PURCHASING DEPT. 2005 HILLTOP CIRCLEROSEVILLE, CA 95747 1,230,379 $1,969
RF272-86394 NICHOLAS COUNTY BD. EDUCATIONC/O BERNARD LINDSEY 400 OLD MAIN ST.SUMMERSVILLE, WV 26651 956,030 $1,530
RF272-86395 WOODFORD COUNTY HIGHWAY DEPT.C/O DENNIS BACHMAN P.O. BOX 467ROANOKE, IL 61561 3,045,353 $4,873
RF272-86401 CEDARS-SINAI MEDICAL CENTERC/O MGR. ENG., RM A-813 8700 BEVERLY BLVD.LOS ANGELES, CA 90048 7,687,654 $12,300
RF272-86409 BENJAMIN LOGAN BD. EDUCATIONC/O DENNIS BACHMAN 4626 RD. 26BELLEFONTAINE, OH 43311 1,045,308 $1,672
RF272-86414 CITY OF WEIRTONC/O VINCENT J. AZZARELLO 200 MUNICIPAL PLAZAWEIRTON, WV 26062 888,314 $1,421
RF272-86419 BOONE COUNTY, IOWAC/O BOONE COUNTY ENGINEER 200 STATE ST.BOONE, IA 5003639881,045,886 $1,673
RF272-86428 CITY OF JENNINGSC/O NORMAN J. CAIN OR PETROLEUM FUNDS, INC.P.O. BOX 1380PARIS, TN 382429986483,600 $774
RF272-86451 COUNTY OF ALPENAC/O TAMMY BATES 720 W. CHISOLMALPENA, MI 49707 342,577 $548
RF272-86900 HOSKINS BROTHERS TRUCKING CO.C/O PAT HOSKINS P.O. BOX 2858OXNARD, CA 93034 1,887,944 $3,021
RF272-88830 CONNOR LUMBER & LAND CO.C/O NICOLET HARDWOODS OR PETROLEUM FUNDS, INC.P.O. BOX 1380PARIS, TN 3824299862,947,482 $4,716
RF272-88867 WHATCOM BUILDERS, INC.C/O MARK B. PACKER OR WHATCOM HOLDINGS, INC.119 N. COMMERCIAL ST., #120BELLINGHAM, WA 98227 6,824,694 $10,920
RF272-89014 RIVER CITY REFUSE REMOVAL, INCC/O KATHY MILLER OR SUPERIOR SERVICES, INC.2626 MONDOVIEAU CLAIRE, WI 54701 351,191 $562
RF272-89018 CITY OF INDUSTRY DISPOSAL CO.C/O MANUEL PEREZ 420 N. DELVALLE ST.CITY OF INDUSTRY, CA 91744 665,325 $1,065
RF272-89943 ARTHUR V. TOWNER, INC.C/O JERRY TOWER P.O. BOX 92008ROCHESTER, NY 146920008169,264 $271
RF272-99046 T.A. BLANTON TRUSTOR HERMAN BLANTON HCR 1, BOX 26STINNETT, TX 79083 256,754 $411
RF272-99073 FARMERS UNION OIL CO.C/O DIANE WILSON OR ENERGY REFUNDS, INC31 SMALL LANEHARDIN, KY 42048 7,978,035 $12,765
RG272-01092 JANET ANN NEWELL TRUST #2 11 GLENLEIGHLITTLE ROCK, AR 72207 3,324,766 $5,320
RG272-01093 NANCY CARYL NEWELL TRUST #2 6915 STAGECOACH RD.LITTLE ROCK, AR 72204 3,324,766 $5,320
RG272-01094 PATRICIA A. NEWELL TRUST #2 PO BOX 247ENGLAND, AR 72046 3,324,766 $5,320
TOTALS: 28       220,549,160 $352,882


Last Updated on 8/4/1999
By OHA