Case No. RK272-05054
July 21, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Petitioners: Joan K. Widmer, et al.
Dates of Filing: June 11, 1999, et al.
Case Numbers: RK272-05054, 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 jurisdiction of the DOE's 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 has 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.
The Appendix to this Decision and Order contains the names and addresses of a group of recipients 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 individual or firm that submitted the verification form (or upon whose behalf the form was submitted) was the proper party to receive the supplemental refund.(3) On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds. The Appendix also indicates the dollar amount of the supplemental refund for each applicant. The total amount of additional refunds being approved in this Order for the benefit of 38 recipients is $7,948.
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 a supplemental refund to each Crude Oil Refund Recipient set forth in the Appendix to this Order.
(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of the 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
1000 Independence Avenue, S.W.
Washington, D.C. 20585-0107
(4) Any conditions that applied to an applicant's receipt of the initial crude oil refund shall also apply to that applicant's 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: July 21, 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.
(3)In a number of instances, we were informed that a firm had been dissolved and that each of the former owners wished to receive an individual refund check. Therefore, each owner was assigned a separate RK272-case number, and the approved volume claim was allocated to each owner based on the percentage of his or her ownership interest. In this Decision, the original RF272-number was assigned several RK272-numbers as follows: RF272-28242 (RK272-05059 through RK272-05061). If there are any future disbursements of crude oil funds, these cases will be known by their RK272-numbers, and the refunds will be calculated on the adjusted gallonage amounts.
Appendix
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM RK272-05054 JOAN K. WIDMER 104 KENT ST. GRIDLEY, IL 617449510 63,746 $51 RF272-10403 RK272-05055 B. IRENE MCDANIEL RT. 1 BOX 29 TOXHOMA, OK 73949 309,167 $247 RF272-13685 RK272-05056 JEAN CAMPBELL 310 N. MONROE PLENTYWOOD, MT 59254 70,890 $57 RF272-15329 RK272-05057 FLORENCE GUNN 11129 177TH AVE. LEMMON, SD 57638 159,365 $127 RF272-26141 RK272-05058 LAVIOLETTE FARMS C/O BERNARD P. LAVIOLETTE 3802 CATAHOULA HWY. ST. MARTINVILLE, LA 70582 68,098 $54 RF272-27706 RK272-05059 THEODORE A. BUDERUS 26246 WCR 45 GREELEY, CO 80631 26,002 $21 RF272-28242 RK272-05060 DANIEL J. BUDERUS 26246 WCR 45 GREELEY, CO 80631 26,002 $21 RF272-28242 RK272-05061 CLAIRE M. BUDERUS 26246 WCR 45 GREELEY, CO 80631 52,003 $42 RF272-28242 RK272-05079 GEORGE STONER 2451 STURDY RD. VALPARAISO, IN 46383 92,077 $74 RF272-69305 RK272-05080 BROWN SUGAR FARMS, INC. C/O SANDRA A. BROWN 4665 BINNS MILL RD. HERNDON, KY 42236 79,254 $63 RF272-73018 RK272-05081 WEST CENTRAL AREA SCHOOLS C/O JON NYGAARD ROUTE 1, BOX 1A BARRETT, MN 56311 198,723 $159 RF272-73350 RK272-05082 H.L. DUNAWAY 0707 PLEASANT GROVE SE BROOKHAVEN, MS 39601 177,477 $142 RF272-73498 RK272-05083 MILES & LENA CHASE RT. 1 WALKERVILLE, MI 49459 251,453 $201 RF272-73633 RK272-05084 ARNOLD HETTICH 107 8TH AVE., SW APT. #2 WATERTOWN, SD 57201 69,703 $56 RF272-74998 RK272-05085 CENTURY TELEPHONE ENTERPRISES C/O JOHN L. NAVARRETTE PO BOX 828 SAN MARCOS, TX 786670828 172,476 $138 RF272-94508 RK272-05086 GRACE BURCHFIELD 904 HWY. 65N LAKE VILLAGE, AR 71653 129,423 $104 RF272-94561 RK272-05087 CEDAR GROVE, INC. C/O EARL HUDSON PO BOX 2187 THOMSON, GA 30824 142,075 $114 RF272-94521 RK272-05088 JAMES D. BARBIN, JR. PO BOX 433 CROWLEY, LA 705270433 145,238 $116 RF272-94331 RK272-05089 JUANITA GUERRA PO BOX 183 EDCOUCH, TX 78538 210,788 $169 RF272-94283 RK272-05090 BOCA RATON RESORT & CLUB C/O MICHAEL BULGARELLI 501 E. CAMINO REAL BOCA RATON, FL 33431 431,298 $345 RF272-92675 RK272-05091 RUGBY BUILDING PRODUCTS, INC. C/O WANDA KLING 2855 S. RESERVOIR ST. POMONA, CA 91766 669,851 $536 RF272-90901 RK272-05092 THOMPSON'S FARM SUPPLY, INC. C/O ROY HERRINGTON PO BOX 130, 405 E. PARKER ST. BAXLEY, GA 31515 166,848 $133 RF272-90667 RK272-05093 TURNER FARMS, INC. C/O MARTHA L. TURNER 2290 BELLVIEW LA. RISING SUN, IN 47040 265,608 $212 RF272-78456 RK272-05094 PORCELANITE, INC. C/O DAN RHYNE PO BOX 1777, 20 VICTOR ST. LEXINGTON, NC 27298 1,841,925 $1,474 RF272-77243 RK272-05095 HARRY J. BENSON & SONS, INC. C/O HELEN M. BENSON RT. 1, BOX 156-C PHILIPPI, WV 26416 240,654 $193 RF272-77143 RK272-05096 NORMA P. KERRIGAN 15955 PARTHENIA ST. SEPULVEDA, CA 91343 96,535 $77 RF272-72705 RK272-05097 GROUND FLOOR, INC. C/O THELMA GARMAN PO BOX 255 LITTLETON, CO 801600255 209,000 $167 RF272-68581 RK272-05098 BRYANT FARMS C/O DAVID BRYANT RT. 1, BOX 337 SLEDGE, MS 38670 354,144 $283 RF272-68319 RK272-05116 DIANE R. EVANS 16095 385TH AVE. ASHTON, SD 57424 82,810 $66 RF272-28601 RK272-05117 MEDICAL CENTER OF SO. INDIANA C/O KEVIN MILLER 2200 MARKET ST., PO BOX 60 CHARLESTOWN, IN 471110060 77,588 $62 RF272-24157 RK272-05118 AMY SCHOW HCR 69, BOX 61 CULBERTSON, MT 59218 69,264 $55 RF272-23237 RK272-05119 WALKER DISTRIBUTING CO., INC. C/O C. ARNOLD WALKER 2220 HWY. BLVD. SPENCER, IA 51301 260,888 $209 RF272-21940 RK272-05120 GENEVIEVE MURPHY HODAPP RT. 3, BOX 232 POPLAR BLUFF, MO 63901 141,657 $113 RF272-16903 RK272-05121 GEORGE R. SWANSON 110 RIDGE RD. KERSEY, PA 15846 99,300 $79 RF272-14563 RK272-05122 PASSIEU-STEWART TRUCKING, INC. C/O RAYMOND PASSIEU, SR. PO BOX 286 CECIL, PA 15321 1,622,496 $1,298 RF272-13915 RK272-05123 HARRELL S. WIGGINS 4070 HWY. 152 WEST CHINA GROVE, NC 28023 64,875 $52 RF272-06597 RK272-05124 BCB MANUFACTURING USA, INC. 2525 SCHUETZ RD. MARYLAND HEIGHTS, MO 63043 667,550 $534 RF272-00155 RK272-05127 JANICE SUNDEEN BOX 365 LAKOTA, ND 58344 129,516 $104 RF272-71128 TOTALS: 38 9,935,767 $7,948
Last Updated on 7/20/1999
By OHA