Case No. RK272-04941

June 14, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Petitioners: Herbert Dooms, Jr., et al.

Dates of Filing: June 2, 1999, et al.

Case Numbers: RK272-04941, 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. 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 27 recipients is $3,579.

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

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: June 14, 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
RK272-04941 HERBERT DOOMS, JR. 55 CAMPBELL LANEMARION, KY 42064 279,000 $223 RF272-70373
RK272-04943 GORDON ANDERSON RR 1, BOX 56CLIFFORD, ND 58016 169,989 $136 RF272-70968
RK272-04944 PRUETT'S FOOD TOWN, INC.C/O RACHEL M. PRUETT 4852 HIXSON PIKEHIXSON, TN 37343 200,732 $161 RF272-20968
RK272-04945 ERWIN L. HARRIS 11 ROBERTS CT.WINFIELD, KS 67156 104,494 $84 RF272-09406
RK272-04946 JOHN H. HALL 5080 LOCUST RD.SUNBURY, OH 43074 94,917 $76 RF272-07302
RK272-04947 D.V. CRAVEN 6211 W. NORTHWEST HWY.DALLAS, TX 75225 495,802 $397 RF272-01030
RK272-04948 KENNETH C. LEWIS PO BOX 6204ST. JOSEPH, LA 71366 265,608 $212 RF272-00774
RK272-04949 JOHN F. KOEHNKE 36400 S.W. DIXON MILL RD.CORNELIUS, OR 97113 72,600 $58 RF272-05998
RK272-04950 JOHN N. KOEHNKE 36840 S.W. DIXON MILL RD.CORNELIUS, OR 97113 72,600 $58 RF272-05998
RK272-04952 MRS. ALVIN H. SUDERMAN 1219 S. HILLSIDE RD.NEWTON, KS 62114965284,994 $68 RF272-11265
RK272-04953 SLATER FARMS, INC.C/O BERNIECE E. SLATER 51379 CENTRAL AVE.CLARKSBURG, CA 95612 231,652 $185 RF272-18206
RK272-04954 CHARLES B. ARPC/O PATRICIA ARP 107 LINDSEY DR.MADISONVILLE, TN 37354 140,667 $113 RF272-18568
RK272-04955 BETTY C. MURRAY 316 S. FRANKLINTOULON, IL 61483 113,326 $91 RF272-09118
RK272-04956 HERBERT L. COPPOCK FAMILY TRSTFERROL F. COPPOCK, TRSTEE 1206 MEADOW AVE.FAIRVIEW, OK 73737 186,516 $149 RF272-08162
RK272-04957 EDWARDS & EDWARDS FARM, INC.C/O BARBARA EDWARDS PO BOX 619; BRYANTOWN RD.RICH SQUARE, NC 27869 93,102 $74 RF272-07878
RK272-04958 LARRY A. DAUEL 1974 C RD. 23MALMO, NE 69040401579,682 $64 RF272-26335
RK272-04959 FERN LUDY 245 MILLER AVE.EATON, OH 45320 68,849 $55 RF272-13130
RK272-04960 MICHAEL SCHOENFELD 57 MITCHELL AVE.PLAINVIEW, NY 11803 495,000 $396 RF272-00035
RK272-04961 PAUL R. DIEHL 1855 N. DIAMOND MILL RD.BROOKVILLE, OH 45309 97,699 $78 RF272-15955
RK272-04962 ROGER JAGER 1511 MEADOW LANEGRAND HAVEN, MI 49417 187,305 $150 RF272-21817
RK272-04964 C. STEVE NIEC 5107 E. WILSON ROADCLIO, MI 48420 91,245 $73 RF272-28487
RK272-04965 MCCARLEY MOVING & STORAGE CO.C/O HENRY T. DOUGLAS, II 4245 MILGEN ROADCOLUMBUS, GA 31907 355,879 $285 RF272-15007
RK272-04966 RONALD L. MADDEN PO BOX 70GRAEAGLE, CA 961030070121,932 $98 RF272-14019
RK272-04967 ELSIE CARR HC 76 BOX 25PURDUM, NE 69157 130,743 $105 RF272-13078
RK272-04968 LOIS B. HOPPER 909 N. BARNES ST.HAMBURG, AR 71646 140,210 $112 RF272-16096
RK272-04969 RICHARD L. RUSSELL RR 1, BOX 14FULLERTON, NE 68638 48,792 $39 RF272-23303
RK272-04970 RODNEY D. RUSSELL RR 1, BOX 77FULLERTON, NE 68638 48,792 $39 RF272-23303
TOTALS: 27       4,472,127 $3,579  
               


Last Updated on 6/10/1999
By OHA