Case No. RF272-76661
December 2, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Peninsular Meat Company, Inc., et al.
Dates of Filing: October 30, 1989 et al.
Case Numbers: RF272-76661 et al.
This Decision and Order will consider Applications for Refund filed by 15 claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendix attached to the Decision and Order has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy pursuant to the Statement of Modified Restitutionary Policy in Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986).
To receive a refund for crude oil overcharges, an applicant that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each applicant's refund share is calculated using the current refund amount of $0.0016 per gallon.
Each of the applicants listed in the Appendix is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The applicants considered in this Decision applied on their own behalf or through a filing service. In accordance with each applicant's request, refund checks will be sent directly to the applicant or its representative. The total volume for which refunds are approved in the Appendix is 36,480,253 gallons and the sum of the refunds granted is $58,369.
We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the claimants listed in the Appendix to this Decision and Order for all available crude oil overcharge funds are hereby approved as set forth in Paragraph (2) below.
(2) 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 the refund amounts set forth in the Appendix to this Decision and Order from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to the applicants listed in the Appendix.
(3) To facilitate the payment of future refunds, the applicants 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) The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary material submitted by the applicants. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any refund application is incorrect.
(5) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date:December 2, 1999
Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-76661 PENINSULAR MEAT CO., INC. OR FUEL REFUNDS, INC. C/O BERNELL CARDNER PO BOX 41553 MEMPHIS, TN 381741553 4,250,088 $6,800 RF272-76668 MASLAND INDUSTRIES, INC. OR FUEL REFUNDS, INC. OR LEAR EAST, L.P. PO BOX 41553 MEMPHIS, TN 381741553 15,883,672 $25,414 RF272-86589 ARTHUR JORDAN INC. C/O MARK JORDAN 284 MAIN ST. BUTLER, NJ 07405 1,071,431 $1,714 RF272-86592 CHRISTIANA CARE HEALTH SERVICE C/O RICHARD ELLIS PO BOX 2653 WILMINGTON, DE 19805 9,109,421 $14,575 RF272-86612 INDEPENDENT COACH CORP. C/O NICK FABRIZIO 25 WANSER AVE. INWOOD, NY 11096 1,021,689 $1,635 RF272-86625 CITY OF GARDEN GROVE C/O ANTHONY J. ANDRADE PO BOX 3070 GARDEN GROVE, CA 92842 1,969,420 $3,151 RF272-88604 TOWN OF FAIRFIELD OR PETROLEUM FUNDS, INC. C/O M.O. PETTEE PO BOX 1380 PARIS, TN 382429986 1,062,238 $1,700 RF272-89822 NIVISON-WEISKOPF CO. C/O JOSEPH HEIMAN 601 3RD ST., PO BOX 15337 CINCINNATI, OH 45215 649,908 $1,040 RF272-89829 STEVEN R. HARVEY 100 LINCOLN ST. LEOMINSTER, MA 01453 17,500 $28 RF272-89831 GERALDINE KOREN 38 LE GRANDE TERRACE WAYNE, NJ 07470 21,348 $34 RF272-89931 ST. TERESA CHURCH C/O FR. FREDRIC DEAN 18 POPE ST. PROVIDENCE, RI 02909 81,000 $130 RF272-89971 IGINO N. GIUDICE 176 SALEM ST. BOSTON, MA 02113 13,100 $21 RF272-98578 M.D. MOODY & SONS, INC. OR AMERICAN RD. & TRANSPORT. BLDRS ASSN C/O JAMES R. TOMPKINS 1010 MASS. AVE., N.W., 6TH FL WASHINGTON, DC 20001 562,480 $900 RF272-98580 COSTELLO INDUSTRIES, INC. OR AMERICAN RD. & TRANSPORT. BLDRS ASSN C/O ROBERT C. LOWRY 1010 MASS. AVE., N.W., 6TH FL WASHINGTON, DC 20001 626,888 $1,003 RG272-01095 ST. ROBERT BELLARMINE CHURCH C/O REV. HENRY A. LANG 56-15 213 ST. BAYSIDE, NY 11364 140,070 $224 TOTALS: 15 36,480,253 $58,369