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. APPLICANTCONTACT STREET ADDRESSCITY/STATE VOLUME REFUND
RF272-76661PENINSULAR MEAT CO., INC. OR FUEL REFUNDS, INC. C/O BERNELL CARDNERPO BOX 41553MEMPHIS, TN 3817415534,250,088$6,800
RF272-76668MASLAND INDUSTRIES, INC. OR FUEL REFUNDS, INC. OR LEAR EAST, L.P.PO BOX 41553MEMPHIS, TN 38174155315,883,672$25,414
RF272-86589ARTHUR JORDAN INC.  C/O MARK JORDAN284 MAIN ST.BUTLER, NJ 07405    1,071,431$1,714
RF272-86592CHRISTIANA CARE HEALTH SERVICE   C/O RICHARD ELLISPO BOX 2653WILMINGTON, DE 19805    9,109,421$14,575
RF272-86612INDEPENDENT COACH CORP.   C/O NICK FABRIZIO25 WANSER AVE.INWOOD, NY 11096    1,021,689$1,635
RF272-86625CITY OF GARDEN GROVE   C/O ANTHONY J. ANDRADEPO BOX 3070GARDEN GROVE, CA 92842    1,969,420$3,151
RF272-88604TOWN OF FAIRFIELDOR PETROLEUM FUNDS, INC. C/O M.O. PETTEE PO BOX 1380PARIS, TN 3824299861,062,238$1,700
RF272-89822NIVISON-WEISKOPF CO.   C/O JOSEPH HEIMAN601 3RD ST., PO BOX 15337CINCINNATI, OH 45215    649,908$1,040
RF272-89829STEVEN R. HARVEY  100 LINCOLN ST.LEOMINSTER, MA 01453    17,500$28
RF272-89831GERALDINE KOREN   38 LE GRANDE TERRACEWAYNE, NJ 07470    21,348$34
RF272-89931ST. TERESA CHURCH  C/O FR. FREDRIC DEAN18 POPE ST.PROVIDENCE, RI 02909    81,000$130
RF272-89971IGINO N. GIUDICE  176 SALEM ST.BOSTON, MA 02113    13,100$21
RF272-98578M.D. MOODY & SONS, INC. OR AMERICAN RD. & TRANSPORT. BLDRS ASSN C/O JAMES R. TOMPKINS1010 MASS. AVE., N.W., 6TH FL WASHINGTON, DC 20001    562,480$900
RF272-98580COSTELLO INDUSTRIES, INC. OR AMERICAN RD. & TRANSPORT. BLDRS ASSN C/O ROBERT C. LOWRY1010 MASS. AVE., N.W., 6TH FL WASHINGTON, DC 20001    626,888$1,003
RG272-01095ST. ROBERT BELLARMINE CHURCH  C/O REV. HENRY A. LANG56-15 213 ST.BAYSIDE, NY 11364    140,070$224
TOTALS:15 36,480,253$58,369