Case No. RF272-89603
March 4, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners: Immaculate Heart of Mary, et al.
Dates of Filing: August 16, 1991 et al.
Case Numbers: RF272-89603 et al.
This Decision and Order will consider Applications for Refund filed by 29 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. In accordance with each applicant's request, refund checks will be sent directly to the applicant.(1) The total volume for which
refunds are approved in the Appendix is 74,756,744 gallons and the sum of the refunds granted is $119,611.
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) The cooperative shall notify its membership of the receipt of the refund and shall pass through to its member customers all crude oil refunds received in Subpart V refund proceedings conducted by the Office of Hearings and Appeals.
(4) 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
(5) 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.
(6) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: March 04, 1999
(1)Two applicants, Marion County Co-op Assn. (Case No. RF272- 89614) and Farmers Union Oil Co. (Case No. RF272-86917) are agricultural cooperatives. In Subpart V refund proceedings, we have generally regarded refund applications filed by cooperatives as claims filed on behalf of their members because cooperatives are in a position to pass through any refunds received to their members. Thus, to the extent that the volumes claimed by the cooperatives were sold to their members, the end-user presumption of injury is applicable to this claim. These cooperatives have certified that they will pass through any refund to its members.
Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-89603 IMMACULATE HEART OF MARY C/O SR. J. LABRECQUE 313 SEASIDE AVE. SACO, ME 04072 503,512 $806 RF272-89607 WYCKOFF TRUCKING INC. C/O JIM NEWSOME 26624 GLENWOOD RD. PERRYSBURG, OH 43551 2,127,576 $3,404 RF272-89609 DOMINICAN CONVENT C/O THERESA MCPARTLAND RT. 340 SPARKILL, NY 10976 403,172 $645 RF272-89614 MARION COUNTY CO-OP ASSN. C/O WILLIS SCHMIDT P.O. BOX 60 DURHAM, KS 67438 9,752,913 $15,605 RF272-89615 WALTON COUNTY C/O BD. OF COMMISSIONERS P.O. BOX 585 MONROE, GA 30655 1,001,428 $1,602 RF272-89617 FARMERS UNION OIL CO. C/O BRUCE LIEBENOW 307 FRONT ST. EMBDEN, ND 580794200 7,089,625 $11,343 RF272-89640 JAMES & HOMER CLARK DIRT CONT. C/O HOMER J. CLARK P.O. BOX 561 PERRYTON, TX 79070 1,055,284 $1,688 RF272-89642 HAILE & HAILE, INC. C/O H.Q. HAILE P.O. BOX 1151 UVALDE, TX 78801 2,720,114 $4,352 RF272-89656 CATHOLIC CEMETERIES, INC. C/O MARK CHRISTIAN P.O. BOX 2506 WILMINGTON, DE 19805 55,046 $88 RF272-89658 SECURITY STORAGE & VAN CO. C/O BILL MATHESON OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 1,073,389 $1,717 RF272-89660 C.L. & A MOTOR DELIVERY SERV. DONNA & ROCKY SIDES OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 822,535 $1,316 RF272-89661 G.C.T., INC. C/O HARRY SAPPINGTON OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 2,069,410 $3,311 RF272-89662 GUY MORRAL TRUCKING C/O DORIS C. MORRAL OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 4,428,270 $7,085 RF272-89664 HERMANN FORWARDING CO. C/O DENNOS HERMANN OR MCMICKLE & EDWARDS P.O. BOX 221145 MEMPHIS, TN 38122 9,872,776 $15,796 RF272-89670 ST. MARTINS CATHOLIC CHURCH C/O FR. RUDY PAKIZ P.O. BOX 757; 107 N. 3RD ST. TOWER, MN 55790 74,384 $119 RF272-89684 MARVIN V. TEMPLETON & SONS C/O WILLARD ARTHUR P.O. BOX 4339 LYNCHBURG, VA 24502 17,761,758 $28,419 RF272-89687 ROMAN CATHOLIC DIOCESE OR DIOCESE OF CHARLOTTE C/O GUY A. PICHE P.O. BOX 36776 CHARLOTTE, NC 28236 235,515 $377 RF272-89688 ADAMS PRODUCTS CO. C/O KEN SCHROEDER P.O. BOX 189 MORRISVILLE, NC 27560 1,496,650 $2,395 RF272-89689 CORYDON CRUSHED STONE & LIME C/O RUSSELL BACHMAN 1100 QUARRY RD. CORYDON, IN 47112 7,849,065 $12,559 RF272-89690 CITY OF BREWER C/O MICHAEL MACDONALD 80 N. MAIN ST. BREWER, ME 04412 800,230 $1,280 RF272-89691 ST. AGNES CATHOLIC CHURCH C/O REV. JAMES R. GOULD 1914 N. RANDOLPH ST. ARLINGTON, VA 22207 199,874 $320 RF272-89693 CITY OF JEFFERSON CITY C/O JIMMIE SHELNUTT OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 313,423 $501 RF272-89694 MERCER COUNTY C/O THOMAS L. HANSON OR PETROLEUM FUNDS, INC. P.O. BOX 1380 PARIS, TN 382429986 317,249 $508 RF272-89862 COLORADO PRIME C/O DANIEL BENJAMIN 1 MICHAEL AVE. FARMINGDALE, NY 11735 896,908 $1,435 RF272-89863 HARDAWAY CONSTRUCTORS OR THE HARDAWAY CO. C/O BILLY J. CLAY BOX 1360 COLUMBUS, GA 31993 717,861 $1,149 RF272-89864 YOAKUM GRAIN, INC. C/O DENIS WAUSOR BOX 48 YOAKUM, TX 77995 456,016 $730 RF272-89865 BERGEN EXPRESS CO., INC. C/O CORNELIUS KASTEN 23 TERMINAL RD. LYNDHURST, NJ 07071 263,469 $422 RF272-89866 BFW CONSTRUCTION CO., INC. C/O TIM W. KIRKSCEY 1111 N. GENERAL BRUCE DR TEMPLE, TX 76504 181,109 $290 RF272-89886 LINDGREN CHRYSLER PLYMOUTH INC C/O EDWARD R. MILLER 1600 LANCASTER AVE. READING, PA 19607 218,183 $349 TOTALS: 29 74,756,744 $119,611
Last Updated on 2/2/99
By OHA