Case No. RK272-05222
September 8, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Cases: Leroy Fuhrman Farms, et al.
Dates of Cases: June 22, 1999, et al.
Case Numbers: RK272-05222, 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 DOEs 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 $1,926.
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 $1,926 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 applicants receipt of the initial crude oil refund shall also apply to that applicants 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:September 8, 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 RK272-05222 LEROY FUHRMAN FARMS C/O LEROY FUHRMAN 1631 3400 ST. MORAN, KS 66755 194,749 $156 RF272-34939 RK272-05235 LINDA F. RICH PO BOX 6 CASTALIA, NC 27816 116,191 $93 RF272-36044 RK272-05243 ANGELA RICHARD PO BOX 971 WOLF POINT, MT 59201 157,711 $126 RF272-42171 RK272-05244 BOYER VALLEY COMMUNITY SCHOOLS C/O DAVE THOMAS 1102 IOWA AVE. DUNLAP, IA 51529 158,515 $127 RF272-60444 RK272-05246 MILDRED M. DUETSCH PO BOX 142, 2366 MAPLE ST. DECKERVILLE, MI 48427 54,762 $44 RF272-63077 RK272-05247 BRIAN DUETSCH 1576 COOPER RD. SANDUSKY, MI 48471 54,762 $44 RF272-63077 RK272-05248 DAVID HALPERN 1660 FLATBUSH AVE. BROOKLYN, NY 11210 87,757 $70 RF272-48407 RK272-05249 DANIEL HALPERN 1660 FLATBUSH AVE. BROOKLYN, NY 11210 56,255 $45 RF272-48407 RK272-05250 RONALD HALPERN 1660 FLATBUSH AVE. BROOKLYN, NY 11210 56,255 $45 RF272-48407 RK272-05251 CAROL NOVARRO 1660 FLATBUSH AVE. BROOKLYN, NY 11210 43,691 $35 RF272-48407 RK272-05252 RICHARD SILVERMAN 1660 FLATBUSH AVE. BROOKLYN, NY 11210 43,691 $35 RF272-48407 RK272-05253 SHEILA STEINBERG 1660 FLATBUSH AVE. BROOKLYN, NY 11210 43,691 $35 RF272-48407 RK272-05254 KENNETH STEINBERG 1660 FLATBUSH AVE. BROOKLYN, NY 11210 43,691 $35 RF272-48407 RK272-05258 DORIS CORDES 309 SUNRISE LA. GROVE CITY, MN 56243 123,143 $99 RF272-52264 RK272-05265 GERRIT NIEUWSMA 1238 96TH ST., S.E. HAGUE, ND 585429313 126,503 $101 RF272-58851 RK272-05274 LEONA ARMSTRONG 600 OAK ST. BIG SPRINGS, NE 69122 280,310 $224 RF272-34969 RK272-05286 JOSEPH M. MATWAY ESTATE C/O ALLENE HAGEN RR 2, BOX 12A HAMBURG, IL 62045 389,558 $312 RF272-43603 RK272-05296 ORA LEE KIRK PO BOX 747 VIAN, OK 74962 77,940 $62 RF272-41394 RK272-05298 VIRGINIA M. KLAMM 22975 163RD ST. BASEHOR, KS 66007 139,001 $111 RF272-53264 RK272-05299 ESTATE OF EARL L. ALLEN C/O JIMMY E. ALLEN 630 HAPPY VALLEY RD. PLEASANTON, CA 94566 158,479 $127 RF272-60659 TOTALS: 20 2,406,655 $1,926
Last Updated on 9/7/1999
By OHA