Case No. RC272-00400

April 8, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner: Winn Dixie Stores, Inc.

Dates of Filing: March 12, 1999

March 12, 1999

Case Numbers: RC272-00400

RJ272-00070

This decision rescinds a crude oil overcharge refund and related supplemental refund granted Winn Dixie Greenville, Inc. (Winn Dixie Greenville), a subsidiary of Winn Dixie Stores, Inc. (Winn Dixie). See Winn Dixie Greenville, Inc., Case No. RF272-74234 (August 6, 1990) (unpublished decision) ($3,403 refund); Crude Oil Supplemental Distribution, Case No. RB272-48 (October 31, 1995) (unpublished decision) ($3,403 supplemental refund). As explained below, Greenville’s parent, Winn Dixie received a separate refund for the same purchases.

I. The Crude Oil Overcharge Refund Proceeding

The Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) conducts the DOE’s crude oil overcharge refund proceeding. Meritorious applicants receive refunds equal to the number of gallons of refined petroleum products they purchased during the refund period multiplied by a per-gallon refund amount referred to as the “volumetric.” The volumetric is derived by dividing the crude oil refund monies available by the total consumption of petroleum products in the United States during the period of price controls (2,020,997,335,000 gallons). The DOE has increased the volumetric as additional crude oil overcharge funds have become available. Initially, the DOE paid successful crude oil applicants $.0002 per gallon. In 1989, the DOE increased the volumetric to $.0008 per gallon and mailed supplemental checks to applicants that had been paid at the lower $.0002 per gallon

volumetric. In 1995, the DOE increased the volumetric again, to $.0016 per gallon, which is the current volumetric. The DOE notified refund applicants that had been paid at the lower $.0008 per gallon volumetric that they could request a supplemental payment to raise their refund to the $.0016 per gallon volumetric.

II. The Winn Dixie Applications

On December 12, 1986, Winn Dixie filed a refund application, requesting a refund for 80,568,366 gallons of petroleum product purchases during the refund period. On November 9, 1990, the OHA granted Winn Dixie a $64,455 refund, based on the prevailing $.0008 per gallon volumetric. See Winn Dixie Stores, Inc., 20 DOE ¶ 85,731 (1990) (Case No. RF272-00197). On May 17, 1996, the OHA granted Winn Dixie a $64,455 supplemental refund based on the supplemental $.0008 per gallon volumetric. Crude Oil Supplemental Distribution, Case No. RB272-76 (May 17, 1996) (unpublished decision).

On July 15, 1988, Winn Dixie Greenville, a subsidiary of Winn Dixie, filed a separate refund application, requesting a refund for 4,254,179 gallons of petroleum product purchases. On August 6, 1990, the OHA granted a $3,403 refund, based on the prevailing $.0008 per gallon volumetric. See Winn Dixie Greenville, Inc., Case No. RF272-74234 (August 6, 1990) (unpublished decision). On October 31, 1995, the OHA granted a $3,403 supplemental refund based on the supplemental $.0008 per gallon volumetric. Crude Oil Supplemental Distribution, Case No. RB272-48 (October 31, 1995) (unpublished decision).

When the OHA granted the applications, the OHA was not aware that the Winn Dixie Greenville application was based on purchases that were also included in the Winn Dixie application. Subsequently, the OHA became aware of the duplicate and advised Winn Dixie that it intended to rescind the Greenville refund and require that Winn Dixie return the total $6,806 refund granted for the Greenville application ($3,403 original refund and $3,403 supplemental refund). Winn Dixie agreed that the Greenville application was based on duplicate purchases and stated that it would return the Greenville refunds.

Based on the foregoing, we are rescinding the Greenville refunds and requiring that Winn Dixie remit the total $6,806 refund amount.

It Is Therefore Ordered That:

(1) The Decision and Order issued on August 6, 1990 to Winn Dixie Greenville, Inc., Case No. RF272-74234, be and hereby is rescinded in Case No. RC272-00400.

(2) The Decision and Order issued on October 31, 1995 to Winn Dixie Greenville, Inc, Case No. RB272-48 (Case No. RF272-74234), be and hereby is rescinded in Case No. RJ272-00070.

(3) Winn Dixie Stores, Inc. shall remit a total of $6,806 ($3,403 for Case No. RC272-00400 and $3,403 for RJ272-00070) to the Department of Energy within 30 days of this Decision and Order. The check shall be made payable to the “U.S. Department of Energy,” shall prominently display Case Nos. RC272-00400 and RJ272-00070, and shall be sent to:

Department of Energy

Office of the Controller

Cash Control Branch

PO Box 500

Germantown, MD 20874

In the event that payment is not made within 30 days of the date of this Decision and Order, interest shall accrue on the amount due at the rate generally assessed by the Department of Energy on overdue receivables. Other charges generally assessed on overdue DOE receivables shall also apply.

(3) Upon notification by the Office of the Controller of the receipt of these funds, the Director of Special Accounts and Payroll, Office of the Departmental Accounting and Financial Systems Development, Office of the Controller of the Department of Energy, shall deposit these funds into the deposit fund escrow account maintained at the Department of Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z.

(4) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: April 8, 1999