Case No. RK272-05128
July 30, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Petitioners: Geo Pipe Company, et al.
Dates of Filing: June 16, 1999, et al.
Case Numbers: RK272-05128, 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. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds.(3) 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 45 recipients is $8,448.
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 30, 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: RF272-68544 (RK272-5155 and RK272-05156); RF272-03034 (RK272-05177 and RK272-05178), RF272-06315 (RK272-05179 and RK272-05180); and RK272-77044 (RK272-05191 and RK272-05192). 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 RK272-05128 GEO PIPE CO. C/O WILLIAM J. GARRY 2310 BROOKSIDE LA. AURORA, IL 60504 213,464 $171 RF272-92572 RK272-05129 COCA-COLA BOTTLING CO/ARKANSAS C/O WESLEY BECKHAM 7000 I-30 LITTLE ROCK, AR 72209 630,547 $504 RF272-77427 RK272-05130 W.R. NIX ESTATE PANDORA NIX SHAW, EXECUTR 1704 ST. MARY'S STREET RALEIGH, NC 27608 64,528 $52 RF272-74345 RK272-05131 ANNE COVINGTON KIDD 139 CROMPTON RD. WAYNESBORO, VA 229802301 104,905 $84 RF272-28105 RK272-05132 EMILY B. HOLCOMB 918 S. 7TH BROKEN BOW, NE 68822 73,416 $59 RF272-16620 RK272-05133 RUTH WASSON 3916 FLETCHER BLVD. AMES, IA 500104169 76,084 $61 RF272-03942 RK272-05134 SYLVIA REISCHMAN 23199 EVANS RD. TONGANOXIE, KS 66086 125,542 $100 RF272-12098 RK272-05135 MILDRED L. CONSTABLE 1880 US HWY. 81 DELPHOS, KS 67436 170,409 $136 RF272-13251 RK272-05136 TRIPLE M RANCH, INC. C/O JOE L. MENDES 5493 MAHONEY RD. HILMAR, CA 95324 169,104 $135 RF272-19289 RK272-05137 MARGARET BEDKE PO BOX 185 PLEASANTON, NE 688660185 203,446 $163 RF272-24872 RK272-05151 PATRICIA CLAYPOOLE 3304 F ROAD CLIFTON, CO 81520 108,250 $87 RF272-66060 RK272-05152 JOHN H. RUSS, JR. 2040 Q ROAD PLAINVILLE, KS 67663 146,582 $117 RF272-67032 RK272-05153 SEYMOUR ROSENHECK PO BOX 340 ROCK HILL, NY 12775 296,050 $237 RF272-68050 RK272-05154 GENE A. SMITH PO BOX 935 IMPERIAL, NE 69033 295,120 $236 RF272-68544 RK272-05155 LESLIE E. SMITH PO BOX 910 IMPERIAL, NE 69033 295,120 $236 RF272-68544 RK272-05156 STANLEY R. SMITH PO BOX 42 IMPERIAL, NE 69033 295,120 $236 RF272-68544 RK272-05157 NICHOLAS MOVING & STORAGE, INC C/O RONALD W. NICHOLAS 3333 HWY. 30 WEST POCATELLO, ID 83201 242,277 $194 RF272-73214 RK272-05158 HELEN GALLAGER 1900 MULBERRY ROAD CHERRY TREE, PA 15724 193,125 $154 RF272-74967 RK272-05159 LUTHER GERKEN 1248 DONSON DR. DAYTON, OH 45429 619,850 $496 RF272-85022 RK272-05160 IRIS RAUWERDINK N 1872 RAUWERDINK RD. OOSTBURG, WI 530702018 233,645 $187 RF272-86572 RK272-05161 G.W. JAMES, INC. C/O GENE JAMES PO BOX 1924 PAMPA, TX 79066 254,103 $203 RF272-90982 RK272-05162 GLEN HASKIN 13102 CREEK BRIAR SAN ANTONIO, TX 79230 222,500 $178 RF272-93752 RK272-05163 ZSL, INC. C/O BARBARA R. LINDENBORN PO BOX 1067 ZAPATA, TX 78076 175,406 $140 RF272-94346 RK272-05164 EARTHGRAINS CO., THE C/O WILLIAM H. GROSS 8400 MARYLAND AVE. ST. LOUIS, MO 63105 100,235 $80 RF272-94486 RK272-05165 FLOYD LUND 23788 GOLDEN HILLS DR. RAPID CITY, SD 57702 127,708 $102 RF272-85740 RK272-05166 EDGEWATER STEEL, LTD. C/O SHARON K. MATTY 300 COLLEGE AVE. OAKMONT, PA 15139 1,495,869 $1,197 RF272-81789 RK272-05167 LINDA JOHNSON BOX 821 CELINA, TX 75009 378,952 $303 RF272-72348 RK272-05174 MARK M. VERBYLA RR.1, BOX 1312 SWEET VALLEY, PA 18656 109,000 $87 RF272-10942 RK272-05175 LAVERN WILSON PO BOX 135 FAIRVIEW, MT 59221 184,154 $147 RF272-08323 RK272-05176 LYNNDALE PLANTING CO. C/O LYNN S. MOSES PO BOX 337 ROLLING FORK, MS 39159 145,710 $117 RF272-03870 RK272-05177 JIMMY V. GORE 1292 BROWNS CHURCH RD. CLINTON, NC 283287670 92,020 $74 RF272-03034 RK272-05178 CHARLES A. GORE 1292 BROWNS CHURCH RD. CLINTON, NC 283287670 92,020 $74 RF272-03034 RK272-05179 DICKMAN DAIRY C/O FREDERICK B. DICKMAN 23904 W. BROADWAY BUCKEYE, AZ 85326 39,011 $31 RF272-06315 RK272-05180 BREAK-AWAY DAIRY C/O DONALD L. VARNEY RT. 2, 2505 PAWHATEN ROSWELL, NM 88201 39,011 $31 RF272-06315 RK272-05181 CARLEEN GILLESPIE 3670 COUNTY RD. #434 MOULTON, AL 35650 81,854 $65 RF272-06486 RK272-05182 MATHER FARMS, INC. C/O MAXINE MATHER 19752 105TH ST. WEBSTER, IA 52355 477,149 $382 RF272-08780 RK272-05183 J.M. OSWALD, JR. BLUFF RD, PO BOX 361 ALLENDALE, SC 29810 203,331 $163 RF272-18284 RK272-05189 JAMES SLADEK 4680 TAFT AVE., SE IOWA CITY, IA 52240 252,327 $202 RF272-72874 RK272-05190 STANLEY ROSENBERGER ESTATE C/O HARRIETT KOCH 6163 E. IL HWY. 15 WOODBURN, IL 62898 141,658 $113 RF272-74562 RK272-05191 GERALD HUEBERT 363 COUNTY RD. 437 NEW FRANKLIN, MO 65274 146,851 $117 RF272-77044 RK272-05192 RANDY HUEBERT 17598 JACKSON RD. BOONVILLE, MO 65233 146,851 $117 RF272-77044 RK272-05193 HAMPDEN-WILBRAHAM REG SCH DIST C/O RICHARD SCORTINO 621 MAIN ST. WILBRAHAM, MA 01095 513,198 $411 RF272-86182 RK272-05194 CECILLIUS J. HUNDLEY C/O DOUG HUNDLEY BOX 3459 BRANCH HWY. BRANCH, LA 70516 122,486 $98 RF272-90960 RK272-05196 FRED M. WOODS 787 ROAD D SCHUYLER, NE 686617124 339,916 $272 RF272-28962 RK272-05197 LOUISE E. ASKEW 23593 NC HWY. 32N PLYMOUTH, NC 27962 123,950 $99 RF272-03857 TOTALS: 45 10,561,854 $8,448
Last Updated on 7/28/1999
By OHA