Case No. RF272-86588

September 7, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Morton International, Inc., et al.

Dates of Filing: February 14, 1991 et al.

Case Numbers: RF272-86588 et al.

This Decision and Order will consider Applications for Refund filed by 21 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 21,805,083 gallons and the sum of the refunds granted is $34,888.

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: September 7, 1999

(1)One applicant A.J. Sistare Construction Company (Case No. RF272-89830) was granted a refund in an earlier Decision. However, prior to deadline for filing crude oil claims this applicant requested a refund based on additional purchases.

Appendix
CASE NO.APPLICANT CONTACTSTREET ADDRESSCITY/STATE VOLUMEREFUND
RF272-86588 MORTON INTERNATIONAL, INC.C/O FRANK PARKER 100 N. RIVERSIDE PLAZACHICAGO, IL 60606 839,483 $1,343
RF272-86634 LYNNFIELD PUBLIC SCHOOL DIST.C/O SANDRA GURYAN 505 MAIN ST.LYNNFIELD, MA 01940 1,749,157 $2,799
RF272-88773 PASS & SEYMOUR, INC.C/O RICK KORCZ 45 SEACLIFF AVE.GLEN COVE, NY 11542 671,250 $1,074
RF272-89284 FARMERS UNION OIL CO.C/O DON OKKEN BOX 319CARSON, ND 58529 4,209,914 $6,736
RF272-89545 TILLETT BROS. CONSTRUCTIONOR JUDY TILLETT YOUNG & GERALD TILLETT SR.2001 HWY. 64 W.SHELBYVILLE, TN 37160 6,099,614 $9,759
RF272-89560 MILLER MOTOR CO.C/O A.G. MILLER 1110 W. NORRISEL CAMPO, TX 77437 108,299 $173
RF272-89561 CHILLICOTHE TELEPHONE CO.C/O JACK E. THOMPSON P.O. BOX 480CHILLICOTHE, OH 45601 500,175 $800
RF272-89562 A-A & M WELL DRILLINGC/O HARRY W. MILLER 3320 DAVIS RD.RONNEMEDE, NJ 08007 116,001 $186
RF272-89573 BLAND TRUCKING CO., INC.OR PATRICIA BLAND 2012 ONETTAIRVING, TX 75061 988,448 $1,582
RF272-89825 ST. JOSEPH'S CEMETERYC/O PAUL GARRIEPY P.O. BOX 391BIDDEFORD, ME 04005 15,599 $25
RF272-89828 L & E CONSTRUCTION & EQUIP. COOR EDWARD L. ECHNOZ RD 7, BOX 501KITTANNING, PA 16201 955,172 $1,528
RF272-89830 A.T. SISTARE CONSTRUCTIONC/O JOHN A. JORDAN 1084 HOWARD ST.SPARTANBURG, SC 29303 1,011,654 $1,619
RF272-89902 WILBORN CONSTRUCTION CO.C/O B.G. WILBORN 830 2ND AVE. N.BIRMINGHAM, AL 35203 116,271 $186
RF272-89908 E.L. WILLIAMS CO., INC.C/O E.L. WILLIAMS 100 WILLIAMS LOOPGEORGETOWN, LA 71432 127,821 $205
RF272-89911 ZAPATA COAL CORP.C/O CARL M. MCCALLISTER P.O. BOX DCHARLESTON, WV 25183 434,857 $696
RF272-89924 ST. AGATHA CHURCHC/O REV. EDWARD KELLEY 34 JOFFRE AVE.WOONSOCKET, RI 02895 69,047 $110
RF272-89928 OMAHA, LINCOLN & BEATRICE RRC/O ARMON W. NIELSEN P.O. BOX 80268LINCOLN, NE 68501 62,978 $101
RF272-89933 KNIFE RIVER COAL MINING CO.C/O NANCY CHRISTENSON 1915 N. KAVANEY DR.BISMARCK, ND 58501 1,525,023 $2,440
RF272-89974 J.M. HEINIKE ASSN., INC.C/O JAMES M. HEINIKE 8 MOUNT AIRY CT.ORCHARD PARK, NY 14127 15,255 $24
RF272-89983 HOLSTON BUS CO., INC.C/O KEN OR VIC MORRELL 1837 WEAVER PIKEBRISTOL, TN 37620 896,880 $1,435
RF272-98597 ARLON, INC.C/O JEFFREY BOWEN 1100 GOVERNOR LEA RD.BEAR, DE 19701 1,292,185 $2,067
TOTALS: 21       21,805,083 $34,888


Last Updated on 7/16/1999
By OHA