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 SCHOOLS C/O DR. TERRY GRIER 1320 W. MAIN ST., #202 FRANKLIN, TN 376043700 $1,419 RF272-33406 BERNADINE FAIRBANKS P.O. BOX 326 GERALDINE, MT 594460326 $293 RF272-36446 WHITE VILLA GROCERS, INC. C/O SAMUEL N. CIANI 1801 QUAIL HOLLOW RD. DAYTON, OH 45459 $815 RF272-36780 MILTON TISSUE C/O MILTON C. TISSUE 5834 TOWNHALL RD. SHERIDAN, MI 48884 $526 RF272-36973 BELLPORT BUS, INC. C/O ROBERT EGAN, PRES. 80 INLET VIEW PATH EAST MORICHES, NY 11940 $834 RF272-37494 KING MOTOR LINE, INC. C/O BRYANT H. HUDSON III RT. 1, BOX 185 MATHEWS, AL 36052 $402 RF272-38025 MERCY HOSPITAL OF JANESVILLE C/O TIM DEGARMO 1000 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'ANTUONO 169 RIVERSIDE DR. BINGHAMTON, NY 13905 $2,834 RF272-41246 WILLIAMSBURG COMMUNITY HOSP. C/O DON WEST 391 MONTICELLO AVE., POB 8700 WILLIAMSBURG, VA 231878700 $591 RF272-45335 MICHAEL REESE HOSP. & MED. CTR C/O ARVID H. MERKNER 2929 S. ELLIS AVE. CHICAGO, IL 60616 $3,046 RF272-45921 HERKIMER COUNTY HWY. DEPT. C/O JAY W. EWANYK P.O. BOX 167; 3RD AVE. HERKIMER, NY 13350 $703 RF272-47771 SUMTER COUNTY SCHOOLS C/O DAVID O. JONES P.O. BOX 10 LIVINGSTON, AL 354700010 $1,062 RF272-47794 OZINGA READY MIXED CONCRETE C/O WILLIAM D. VREE 400 BLAINE ST. GARY, IN 46406 $894 RF272-53063 UNION HOSPITAL C/O PAMELA PATTERSON 1000 GALLOPING HILL RD. M/S 79 UNION, NJ 07083 $936 RF272-54344 KAISER ALUMINUM & CHEM. CORP. C/O J.E. DANIEL 6177 SUNOL BLVD. PLEASANTON, CA 945667769 $2,953 RF272-55820 STAIMAN INDUSTRIES, INC. C/O BRUCE O. BECKER 2706 E. MAIN ST. ENDWELL, NY 13760 $665 RF272-56098 NIGHTENGALE FARMS C/O TERESA NIGHTENGALE 04704 U RD. INGALLS, KS 67853 $196 RF272-61347 METROPOLITAN TRUCKING INC. C/O RICHARD KIMSEY 265 MCLEAN BLVD. PATERSON, NJ 07504 $2,809 RF272-63914 SHASTA UNION HIGH SCHOOL DIST C/O JAMES R. CERRETA 1313 YUBA ST. REDDING, CA 96001 $621 RF272-64905 ARROW TRANSFER C/O W.A. FOWLER 11580 MITCHELL RD. RICHMOND, BC, CN V6V 1T7 $680 TOTALS: 21 RB272-00147 $23,252
Last Updated on 3/10/1999
By OHA