Case No. RF272-96124

July 1, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Names of Petitioners: Galasso's Bakery, et al.

Dates of Filings: May 31, 1994, et al.

Case Numbers: RF272-96124 et al.

This Decision and Order will consider Applications for Refund filed by fifteen 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 (1981).

The amount of an applicant’s refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. Each of the applicants listed in the Appendix has documented its purchase volumes. 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 14,980,824 gallons and the sum of the refunds granted is $23,970.

Four applicants are listed in the Appendix as filing their applications through the private filing service, Petroleum Funds, Inc. In accordance with these applicants' requests, their refund checks will be sent to their 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 Treasury denominated Crude Tracking-Claimants IV, Account No.

999DOE010Z, to the applicants 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: July 1, 1999

Appendix
CASE NO.APPLICANT CONTACTSTREET ADDRESSCITY/STATE VOLUMEREFUND
RF272-96124 GALASSO'S BAKERYC/O MARK CONNOLLY 10820 SAN SEVAINE WAYMIRA LOMA, CA 91752 212,171 $339
RF272-96132 ALTA VERDE INDUSTRIES, INC.C/O LEON MILLER 206 ENGLEWOOD DR.KERRVILLE, TX 78028 1,556,317 $2,490
RF272-96135 CIMARRON COUNTY, OKC/O KELLY HENLEY P.O. BOX 145BOISE CITY, OK 73933 2,644,816 $4,232
RF272-96137 CYCLONE DRILLING, INC.C/O TOM GIBLOCK P.O. BOX 908GILLETTE, WY 82717 2,481,802 $3,971
RF272-96138 CITY OF WEST CARROLLTONC/O ROBERTA A. DONALDSON 300 E. CENTRAL AVE.WEST CARROLLTON, OH 45449 350,811 $561
RF272-96141 MURRAY COUNTY BD. COMMISSIONERC/O LONNIE DUNN P.O. BOX 1129CHATSWORTH, GA 30705 1,090,347 $1,745
RF272-96144 SENECA COUNTY GOVT.C/O RICK SMITH 103 S. WASHINGTON ST.TIFFIN, OH 44883 974,208 $1,559
RF272-96145 MAXIM DRILLING & EXPLORATIONC/O BOB HELSLEY 216 16TH ST. #900DENVER, CO 80202 180,000 $288
RF272-96149 MOUNT ANTHONY U.H. SCHL DIST.C/O M. PATRICIA RUSSELL RR 3, BOX 3600BENNINGTON, VT 05201 1,329,864 $2,128
RF272-96150 NORTH COUNTRY U.H. SCHL DIST.C/O CHARLES MORAN VETERANS AVE., BOX 725NEWPORT, VT 05855 931,699 $1,491
RF272-96156 THOMAS COUNTY, NEC/O LADONNA HAAKEY P.O. BOX 226THEDFORD, NE 69166 168,350 $269
RF272-96161 WHEELER MACHINERY CO.C/O DOUG JACKSON OR PETROLEUM FUNDS, INC.P.O. BOX 1380PARIS, TN 3824299861,858,014 $2,973
RF272-96164 ROANE COUNTY BD. EDUCATIONC/O RON WOODY OR PETROLEUM FUNDS, INC.P.O. BOX 1380PARIS, TN 382429986830,580 $1,329
RF272-96165 POST I.S.D.C/O BOBBY BAIN OR PETROLEUM FUNDS, INC.P.O. BOX 1380PARIS, TN 382429986150,801 $241
RF272-96169 NORTHERN BURLINGTON REG. SCHL.C/O MICHAEL CIBULIEW OR PETROLEUM FUNDS, INC.P.O. BOX 1380PARIS, TN 382429986221,044 $354
TOTALS: 15       14,980,824 $23,970
             


Last Updated on 6/17/1999
By OHA