Case No. RA272-00082

August 25, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Applicants:Town of Morristown, et al.

Date of Filings: June 15, 1999, et al.

Case Numbers: RA272-00082, et al.

This Decision and Order will consider Applications for Refund filed by 16 Applicants that purchased refined petroleum products during the period August 19, 1973, through January 27, 1981. Each Applicant listed in the attached Appendix 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).

In the past, purchasers of refined products were able to apply to the OHA for a refund from crude oil overcharge funds collected by the DOE. 51 Fed. Reg. 27899 (August 4, 1986). We have established refund procedures for these funds, which have been made available through consent orders between the DOE and numerous firms that sold crude oil during the price control period. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987) (Berry); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987); Mountain Fuel Supply Co., 14 DOE ¶ 85,475 (1986).

To receive a refund for crude oil overcharges, an Applicant generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. However, applicants that were end users of petroleum products and whose business was unrelated to the petroleum industry are presumed to have been injured. As such, they need not submit proof of injury to receive a refund in the Subpart V proceeding. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by these 15 Applicants and determined that each was an end user of petroleum products. Each of the Applicants listed in the Appendix has documented its purchase volumes. The purchase volumes and refunds approved for each Applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 27,121,105 gallons and the sum of the refunds granted is $43,394.

The final deadline for submitting Applications in the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

It Is Therefore Ordered That:

(1) The 16 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 4, Account No. 999DOE010Z, to the Applicants listed in the Appendix. The total amount of refunds approved in this Decision is $43,394.

(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 in its 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. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying a 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:August 25, 1999

Appendix
CASE NO.APPLICANT CONTACTSTREET ADDRESSCITY/STATE VOLUMEREFUND
RA272-00082 TOWN OF MORRISTOWNC/O WILLIAM NADOLNG 38 DUMONT PLACEMORRISTOWN, NJ 07963091411,410,784 $18,257
RF272-98806 TOPS MARKETS, INC.OR NICHOLAS L. SCHMITT NIAGARA FRONTIER SERVICE, INC.6363 MAIN ST.WILLIAMSVILLE, NY 14221 3,665,000 $5,864
RF272-98831 M.A. BRUDER & SONS, INC.C/O DAVID R. WINTERS 600 REED RD.BROOMALL, PA 19008 428,772 $686
RF272-98833 QUALITY EQUIPMENT CO.C/O JIM MCCRORY 4318 DIRECTOR DR.SAN ANTONIO, TX 78219 205,303 $328
RF272-98839 ROWLAND TRUCKING & GRADING CO.C/O BILL I. ROWLAND 3000 GRESHAM LAKE RD.RALEIGH, NC 27615 207,972 $333
RF272-98843 TRIANGLE CONSTRUCTION CO., INCC/O RON FREEMAN P.O. BOX 6266GREENVILLE, SC 29606 320,455 $513
RF272-98852 KING FIFTH WHEEL CO.C/O MICHAEL GOLUBIEWSKI P.O. BOX 68MOUNTAIN TOP, PA 1870700681,007,556 $1,612
RF272-98853 BIG "6" DRILLING CO.C/O CHESTER B. BENGE JR. 7500 SAN FELIPE #666HOUSTON, TX 77063 302,576 $484
RF272-98854 RHINEHART SAND & GRAVEL, INC.C/O RUSSELL OZER 201 E. CORNING RD.CORNING, NY 14830 700,502 $1,121
RF272-98856 LOWE'S PELLETS & GRAIN, INC.C/O DAVID A. LEAS 2372 W. IN RD. 46GREENSBURG, IN 47240 2,659,778 $4,256
RF272-98858 LACY J. MILLER MACHINE CO. INCC/O SCOTT H. FRYE P.O. BOX 909WELCOME, NC 27374 281,129 $450
RF272-98860 DIAZ CHEMICAL CORP.C/O CLIFTON JENNEY P.O. BOX 194HOLLEY, NY 14470 373,927 $598
RF272-98861 AUTAUGA FARMING CO., INC.C/O SUZIE RHODES P.O. BOX 190AUTAUGAVILLE, AL 36003 277,031 $443
RF272-98870 HIGH COUNTRY TRANSPORTATION AND HARDING, SHULTZ & DOWNS1700 LINCOLN ST., #1800DENVER, CO 8020345183,249,984 $5,200
RF272-98871 JIM PALMER TRUCKING, INC. AND HARDING, SHULTZ & DOWNS1700 LINCOLN ST., #1800DENVER, CO 8020345181,817,850 $2,909
RF272-98872 WIRTH FARMSC/O JOHN WIRTH 7436 S. CURTICE CT.LITTLETON, CO 80123 212,486 $340
TOTALS: 16       27,121,105 $43,394


Last Updated on 8/17/1999
By OHA