Case No. RK272-04951

August 26, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: Judith Hanzel, et al.

Dates of Cases: June 4, 1999, et al.

Case Numbers: RK272-04951, 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 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 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 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.

This Decision and Order contains the names and addresses of 20 claimants 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 party that submitted the verification form (or on whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of the supplemental refunds. The dollar amount of the supplemental refunds being approved in this Order for the 20 claimants is $3,142.

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 supplemental refunds totaling $3,142 to the 20 claimants at the addresses and in the amounts specified in the Appendix to this Decision.

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of 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 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:August 26, 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.

Appendix
CASE NO.APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM
RK272-04951 JUDITH HANZEL RT. 1 BOX 152PLATTE CENTER, NE 68653 64,481 $52 RF272-34201
RK272-04963 MAINE INSTRUMENT FLIGHT, INC.C/O SHIRLEY P. WHITNEY 215 WINTHROP ST, AUGUSTA STATE A.P.AUGUSTA, ME 04330 232,770 $186 RF272-34244
RK272-04980 ARNOLD COPE 45 GREEN ST.MOHAWK, NY 13407 120,537 $96 RF272-35226
RK272-04982 ELSIE J. RIESEN RT. 2 BOX 58BEATRICE, NE 68310 72,950 $58 RF272-50552
RK272-04986 C. KENT HANEY PO BOX 206CLARKSDALE, MS 38614 564,409 $452 RF272-34868
RK272-05113 IRMA L. BONNER 22947 COUNTY ROAD 85 SO.ROBERTSDALE, AL 36567 177,072 $142 RF272-40297
RK272-05114 MERLE E. HENRY 852 RT. 837MONONGAHELA, PA 15063 97,450 $78 RF272-39506
RK272-05115 ROBERT H. SHACKELFORD, JR. 3462 HWY. 14 WESTAUTAUGAVILLE, AL 36003 177,072 $142 RF272-34738
RK272-05126 JUDITH BUER HCR 68, BOX 568MEADOW, SD 57644 262,420 $210 RF272-40715
RK272-05138 ROSALIE RAHN BOX 5FRAZIER, MT 59225 368,132 $295 RF272-41541
RK272-05139 ROBERT A. NELSON ESTATEC/O DEBRA A. WILLIAMS RT. 1, BOX 5OALAKE CRYSTAL, MN 56055 96,859 $77 RF272-42292
RK272-05142 LEAH MOLDENHAUER 5410 COUNTY RD. #65JUD, ND 58454 67,086 $54 RF272-47916
RK272-05143 FRANCIS J. RENELT RR1, BOX 113ROSHOLT, SD 57260 102,795 $82 RF272-54393
RK272-05144 RAYMOND P. RENELT RRI, BOX 113ROSHOLT, SD 57260 102,795 $82 RF272-54393
RK272-05145 BOB J. DURHAM PO BOX 3772LUBBOCK, TX 79452 723,078 $578 RF272-56583
RK272-05146 IDA MAE ERICKSON 109 460TH ST.ARMSTRONG, IA 50514 83,003 $66 RF272-58505
RK272-05147 EULALIA PRITCHARD 220 S. PINE, BOX 45SPALDING, NE 68665 90,656 $73 RF272-61943
RK272-05148 JIM THOMAS 33901 MARIANA DR. #6DANA POINT, CA 92629 145,199 $116 RF272-62251
RK272-05149 FLORENCE SCHOOLER 510 COUNTY ROAD CLAMESA, TX 79331 131,376 $105 RF272-63500
RK272-05150 A. LYNN NUGENT 1020 S. 2200 W.STERLING, ID 83210 247,900 $198 RF272-65238
Totals: 20       3,928,040 $3,142  


Last Updated on 8/27/1999
By OHA