Case No. RB272-00159
November 22, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: November 1, 1999
Case Number: RB272-00159
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 Modified 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 had been calculated by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor had 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.(1) Further, 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 intend to issue a series of Decision and Orders approving supplemental refunds as we receive 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 41 recipients is $12,001.
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 4, 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
1000 Independence Avenue, S.W.
Washington, D.C. 20585-0107
(4) Any conditions imposed 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:November 22, 1999
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
APPENDIX RB272-00159 CASE NO. FIRM ADDRESS REFUND RF272-01567 HAROLD CLOYD 1907 W. FLAMINGO AVE., #103 NAMPA, ID 83651 $247 RF272-02063 JOE BEN LAMB 721 HAMLET CIRCLE YUKON, OK 73099 $91 RF272-03354 JOHN H. BROWN, JR. 15642 JACKSON LANE GOLDSBORO, MD 21636 $56 RF272-04613 MERLYN W. BRANDT 24375 315TH ST. NEW PROVIDENCE, IA 50206 $77 RF272-04659 A.F. CALEY, JR. 4114 CNTY RD. 29 MARION JUNCTION, AL 36759 $56 RF272-05330 RICHARD L. BRECKBILL 205 PENNSGROVE RD. OXFORD, PA 19363 $50 RF272-05893 ROBERT H. SCHWINDT 8367 STATE HWY. 194 LAS ANIMAS, CO 81054 $51 RF272-07288 WERNERWAY FARMS C/O CALVIN MILLER 170 WERNER RD. FREDERICKSBURG, PA 17026 $71 RF272-08148 MICHAEL WOODS 1624 S. MATTHIAS ST. APPLETON, WI 54915 $71 RF272-10612 CITY OF ABERDEEN C/O KATHY ORTH 200 E. MARKET ST. ABERDEEN, WA 98520 $521 RF272-12521 ADAIR COUNTY ORCHARD CO., INC. C/O JOHN C. AUFFET RT. 2, BOX 2075 STILWELL, OK 74960 $72 RF272-13940 CULPEPER CNTY. PUBLIC SCHOOLS C/O FRED M. RANKIN 1051 N. MAIN ST., POB 631 CULPEPER, VA 22701 $992 RF272-14009 WHITE SULPHUR SPRING SCHL DIST C/O ROGER ARMSTRONG 405 S. CENTRAL AVE., POB C WHITE SULPHUR SPRING, MT 59645 $288 RF272-14288 ROBERT LENHAUSEN PO BOX 226 LOSTANT, IL 613340226 $90 RF272-14437 BETTY KOITHAN VAUGHAN 2830 JONES ST. SIOUX CITY, IA 51104 $190 RF272-16566 Q.D. TURNAGE 32796 Q.D. TURNAGE RD. FRANKLINTON, LA 70438 $100 RF272-17167 HAGGARD FARMS C/O W.H. HAGGARD JR. PO BOX 628 BUCKEYE, AZ 85326 $283 RF272-17212 PERRY FARMS OF COLERAIN, INC. C/O N.F. PERRY, JR. 2 LOG LANDING, POB 125 COLERAIN, NC 27924 $120 RF272-17567 KENNETH RUDEL 1438 RUDEL DR. TOMBALL, TX 77375 $133 RF272-17761 CITY OF GREEN RIVER C/O ZAUNDRA HAMILTON 50 E. 2ND N. ST. GREEN RIVER, WY 82935 $419 RF272-17899 JOHNSTON'S SAND & GRAVEL C/O PAULA F. JOHNSTON 1301 HWY. 11 HEIDELBERG, MS 39439 $113 RF272-19098 CITY OF KINGMAN C/O DIANE RICHARDS 310 N. 4TH ST. KINGMAN, AZ 86401 $1,188 RF272-19515 FT. GORDON BUS CO. C/O E.C. WALTON 515 SKYVIEW DR. AUGUSTA, GA 30901 $549 RF272-19682 LONNIE & JOHN MCFARLAND 27 CROSS 2230 CHERRY VALLEY, AR 72324 $191 RF272-20547 BROADWAY TAXI, INC. C/O CHARLES BRADY 50 PAYNE ST. LOWELL, MA 01852 $171 RF272-23265 RICHARD G. TERNUS RR 2, BOX 21 HUMPHREY, NE 686429802 $80 RF272-24395 RONALD BAIN BOX 93 EDDYVILLE, NE 68834 $65 RF272-24715 BERNARD RITCHIE RR 1, BOX 47 SARGENT, NE 688749725 $68 RF272-24824 KAWEAH CONSTRUCTION CO. C/O STEVE STAMBACH 1911 N. FINE AVE. FRESNO, CA 93727 $221 RF272-26596 NORMAN PETERSEN & SONS, INC. C/O LORETTA PETERSEN PO BOX 5 TEKAMAH, NE 680610005 $121 RF272-26682 ROBERT ZEBARTH 889 N. 1400 E. RD. MELVIN, IL 609524059 $64 RF272-28043 AFRICAN SUPPLY & PURCHASING C/O HENRY BONNABEL 101 WEST ST. HILLSDALE, NJ 07642 $1,200 RF272-28253 RHEA COUNTY HIGHWAY DEPT. C/O RHEA CNTY TRUSTEE 375 CHURCH ST., PHIL SWAFFORD BLDG DAYTON, TN 37321 $2,140 RF272-29150 DALE STINSON 3586 RD. U READING, KS 66868 $140 RF272-29350 ST. VINCENT'S HOSPITAL C/O JOHN TAYLOR 810 ST. VINCENTS DR. BIRMINGHAM, AL 35205 $245 RF272-29472 DEAN TOWNSEND 5740 RD. 14 GOODLAND, KS 67735 $164 RF272-29596 CARTER & HOLMES, INC. C/O OWEN HOLMES PO BOX 668 NEWBERRY, SC 29108 $274 RF272-30063 WILLIAM MOEHRLE 551 J. MEYER RD. UNIONTOWN, WA 99179 $198 RF272-30198 MELVILLE GREENHOUSES INC. C/O FRED YAMAGUCHI 210 OLD E. NECK RD. MELVILLE, NY 11747 $543 RF272-30540 WEAVER BROTHERS C/O WILLIAM WEAVER 2307 E. 1400TH RD. CASEY, IL 62420 $212 RF272-30583 DWAIN MONTGOMERY 2695 GILLETTS LAKE RD. JACKSON, MI 49201 $76 TOTALS: 41 RB272-00159 $12,001