Case No. RK272-05020
July 13, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Petitioners: David R. Olson, et al.
Dates of Filing: June 10, 1999, et al.
Case Numbers: RK272-05020, et al.
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 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 from August 19, 1973 through January 27, 1981, multiplied by a per gallon 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 lower 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) 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 all applicants or certifications from their representatives.
The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. In each case, we were informed that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-)(2) and investigated whether the individual or firm that submitted the verification form (or upon whose behalf the form was submitted) was the proper party to receive the supplemental refund.(3) On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds. The Appendix also indicates 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 22 recipients is $7,604.
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
1000 Independence Avenue, S.W.
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: July 13, 1999
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
(2)The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.
(3)In a number of instances, we were informed that a firm had been dissolved and that each of the former owners wished to receive an individual refund check. Therefore, each owner was assigned a separate RK272-case number, and the approved volume claim was allocated to each owner based on the percentage of his or her ownership interest. In this Decision, the original RF272-number was assigned several RK272-numbers as follows: RF272-15330 (RK272-05046 through RK272-05050). If there are any future disbursements of crude oil funds, these cases will be known by their RK272-numbers, and the refunds will be calculated on the adjusted gallonage amounts.
Appendix
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM RK272-05020 DAVID R. OLSON C/O SHIRLEY A. OLSON 12908 22 R ST., SE ORISKA, ND 58063 141,658 $113 RF272-28761 RK272-05021 VIOLA JUNCK 311 COURT ST., PO BOX 132 CARROLL, NE 687230132 65,217 $52 RF272-12868 RK272-05022 HENRY MOORE III HWY. 82 W. LEWISVILLE, AR 71845 149,382 $120 RF272-91646 RK272-05023 MARY M. LOWRANCE 8649 HWY. 36 E SANDERS, KY 41083 108,899 $87 RF272-07243 RK272-05024 JAMES G. EBLEN 1140 LANDING MEADOWS DR. HENDERSON, KY 42420 147,235 $118 RF272-15589 RK272-05025 JOSEPHINE SCHULTZ 803 SOUTH LOCUST ST. PONTIAC, IL 61764 79,682 $64 RF272-23539 RK272-05033 MRS. ALFRED J. MARSHALL 23439 ELTON DR. JENNINGS, LA 70546 168,251 $135 RF272-66958 RK272-05034 BEVERLY P. JOHNSTON PO BOX 88 SHUQUALAK, MS 39361 5,130,189 $4,104 RF272-69335 RK272-05036 DOTLICH, INC. C/O BEVERLY D. ALEXANDER 1111 POLCO ST. INDIANAPOLIS, IN 46222 385,493 $308 RF272-67025 RK272-05037 GRAINGER READY-MIX C/O CLARK GRAINGER 501 ANDERSON ST. TABOR CITY, NC 28463 100,840 $81 RF272-91236 RK272-05038 MARIELLA LECLERC PO BOX 445 LYONS, KS 67554 169,989 $136 RF272-71516 RK272-05041 PAULSEN-WHITE OAK, L.P. C/O C.L. THOMSEN PO BOX 151 NICOLAUS, CA 95659 373,647 $299 RF272-30034 RK272-05043 TOWNSEND & BOTTUM, INC. C/O PAUL D. HOFFMAN 3550 GREEN CT. ANN ARBOR, MI 48105 1,343,432 $1,075 RF272-19049 RK272-05044 CHARLES L. SWIFT, JR. 17101 RALEIGH AVE. PORT CHARLOTTE, FL 33953 88,536 $71 RF272-08034 RK272-05045 WILLIAM T. SWIFT 3866 NORRISVILLE RD. JARRETTSVILLE, MD 210841422 88,536 $71 RF272-08034 RK272-05046 ALFRED B. NELSON 401 EDWARDS ST., STE. 1500 SHREVEPORT, LA 711013140 145,280 $116 RF272-15330 RK272-05047 BRADLEY C. NELSON 401 EDWARDS ST., STE 1500 SHREVEPORT, LA 711013140 181,600 $145 RF272-15330 RK272-05048 DONALD A. NELSON 401 EDWARDS ST., STE. 1500 SHREVEPORT, LA 711013140 108,960 $87 RF272-15330 RK272-05049 RICHARD B. NELSON 401 EDWARDS ST., STE 1500 SHREVEPORT, LA 711013140 181,600 $145 RF272-15330 RK272-05050 ROGER J. NELSON 401 EDWARDS ST., STE 1500 SHREVEPORT, LA 711013140 108,960 $87 RF272-15330 RK272-05052 MURL C. DAVIS 12091 AL HWY. 101 TOWN CREEK, AL 35672 159,364 $127 RF272-05890 RK272-05053 ROY H. LAMERS 7516 COUNTY ROAD D KAUKAUNA, WI 54130 78,179 $63 RF272-10352 Totals: 22 9,504,929 $7,604
Last Updated on 7/1/1999
By OHA