Case No. RB272-00151
June 7, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: May 14, 1999
Case Number: RB272-00151
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 25 recipients is $13,158.
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
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:June 7, 1999
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
Appendix
APPENDIX RB272-00151 CASE NO. FIRM ADDRESS REFUND RF272-02609 GENE HAMMIT BOX 22 VEGA, TX 79092 $969 RF272-05300 BEAGLEY BROS. C/O MONTE K. BEAGLEY 3603 CEDAR CREST RD. OAKLEY, KS 67748 $425 RF272-09904 BEACON TERMINAL SUPPLY CORP. C/O NORMAN WEISER P.O. BOX 471 WHITE PLAINS, NY 106020471 $768 RF272-11482 TRAPPER MINING INC. C/O FRED DEBARTOLO P.O. BOX 187 CRAIG, CO 81626 $6,044 RF272-20025 BRYAN L. VANDENBURG 6910 HWY. 31 FLASHER, ND 58535 $208 RF272-20075 JOHNNIE A. TAYLOR 356 CNTY RD. 187 SUCCESS, AR 72470 $673 RF272-20076 ALAN SIEKER 3818 S. CUSTER ST. MANITOWOC, WI 54220 $52 RF272-20139 LAWRENCE BANGERT BOX 1 BELFRY, MT 59008 $126 RF272-20221 THOMAS W. MCINTYRE RT. 1, BOX 76 WOLBACH, NE 68882 $78 RF272-20289 WILLIAM J. REIDELBACH RT. 1; 152 CHISHOLM TRAIL HOT SPRINGS, MT 59845 $92 RF272-20336 AUSTIN CO., INC. C/O ED EHMEN 517 1ST ST.; POB 70 MILFORD, NE 68405 $89 RF272-20383 DARDEN BRIDGEFORTH & SONS C/O BILLY BRIDGEFORTH LUCAS FERRY RD.; P.O. BOX 159 TANNER, AL 35671 $341 RF272-20386 TED HAWBAKER 10741 HWY 52 PORTAL, ND 587729401 $69 RF272-20396 GLEN WELSH 2342 DRINKWATER RD. MONTFORT, WI 53569 $81 RF272-20501 CITY OF HOLDREGE C/O LARRY DUVAL P.O. BOX 436 HOLDREGE, NE 68949 $160 RF272-20572 LEON FIELDS 2470 HWY. 588 PIONEER, LA 71266 $52 RF272-20672 RANDLE-4 INC. C/O LARRY RANDLE HC 01, BOX 7 HUGOTON, KS 67951 $380 RF272-20742 DALE F. SCOTT 862 S. 2400 RD. WHITE CITY, KS 66872 $80 RF272-20768 TERENCE SPILLANE 3434 MILLER RD., BOX 206 MOHAWK, NY 13407 $60 RF272-20907 CITY OF FARIBAULT C/O DAN L. BEHRENS 208 N.W. 1ST AVE. FARIBAULT, MN 55021 $113 RF272-20919 JOE A. HALTER 3587 E DIAMOND DR. VINCENNES, IN 47591 $88 RF272-20954 ANCHOR BAY SCHOOL DIST. ATTN: SHEILA PERRY 52801 ASHLEY ST. NEW BALTIMORE, MI 48047 $471 RF272-20971 DALE LOBEDA RR 1, BOX 121 ONG, NE 68452 $101 RF272-22298 MATTHEWS, INC. C/O MIKE CARRAWAY P.O. BOX 127 DUMAS, AR 71639 $225 RF272-25943 CULLMAN COUNTY COMM. ON EDUCA. C/O RANDY DUNLAP P.O. DRAWER 518 CULLMAN, AL 350560518 $1,413 TOTALS: 25 $13,158
Last Updated on 5/18/1999
By OHA