Case No. RK272-05168
September 1, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Cases: Howard Henderson, et al.
Dates of Cases: June 17, 1999, et al.
Case Numbers: RK272-05168, 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 the jurisdiction of the DOEs 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 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.
This Decision and Order contains the names and addresses of 19 claimants 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 party that submitted the verification form (or on whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of the supplemental refunds. The dollar amount of the supplemental refunds being approved in this Order for the 19 claimants is $2,714.
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 supplemental refunds totaling $2,714 to the 19 claimants at the addresses and in the amounts specified in the Appendix to this Decision.
(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of 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
Washington, D.C. 20585-0107
(4) Any conditions imposed that applied to an applicants receipt of the initial crude oil refund shall also apply to that applicants 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:September 1, 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.
Appendix
CASE NO. APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM RK272-05168 HOWARD HENDERSON 614 S. CUSTER MILES CITY, MT 59301 97,213 $78 RF272-58987 RK272-05169 E.M. HARPER 382 PARK AVE. TWIN FALLS, ID 83301 193,294 $155 RF272-57804 RK272-05170 I.H. SALES CORP. C/O THOMAS JAMES PO BOX 330 RUSSELLVILLE, AL 35653 228,000 $182 RF272-51448 RK272-05171 WISNER FARM C/O JERRY WISNER 12925 4-MILE LOWELL, MI 49331 71,891 $58 RF272-48112 RK272-05173 CALVIN LOW 117 BRIDGET AVE. GALLION, AL 36742 203,632 $163 RF272-41769 RK272-05184 DAVID L. LUCAS 47838 200TH ST. WHITE, SD 57276 78,960 $63 RF272-33680 RK272-05185 BENDER FARMS C/O GARLAND BENDER 1899 N. LENTNER RD. TURNER, MI 48765 160,543 $128 RF272-37039 RK272-05186 FLOYD O. ALLEN ESTATE C/O DOUGLAS ALLEN 448 EAST RD. 60 OGALLALA, NE 69153 322,793 $258 RF272-41681 RK272-05188 HERMIE KELLER 412 ANADALE KINGMAN, KS 67068 135,807 $109 RF272-63376 RK272-05195 DAVID IMUS 604 STAWICK, BOX 83 PALMER, NE 68864 97,948 $78 RF272-41852 RK272-05210 TOMMIE JO CRUSE HCR 2, BOX 5A FLOMOT, TX 79234 85,424 $68 RF272-64983 RK272-05211 CARL V. NICHOLSON PO BOX 690 MERIDIAN, ID 83680 95,483 $76 RF272-64239 RK272-05212 THOMAS T. NICHOLSON PO BOX 690 MERIDIAN, ID 836800690 95,483 $76 RF272-64239 RK272-05213 WILLARD H. FREE 1910 CNTY RD. 14 LAMESA, TX 793319512 231,538 $185 RF272-62283 RK272-05215 RICHARD W. COUSER 410 LYNNE DR. NEVADA, IA 502012510 98,629 $79 RF272-54631 RK272-05218 KENNEDY FARMS, LLC C/O BARRY L. KENNEDY 10057 PALESTINE RD. STONEY CREEK, VA 23882 70,800 $57 RF272-45896 RK272-05219 PERVIS RICHARD &CO., INC. C/O DEBORAH BARFIELD 1917 HWY. 450 GREENVILLE, MS 38703 708,288 $567 RF272-45287 RK272-05220 DIVINE PROVIDENCE HOSPITAL C/O RICK GNOFFO 1100 GRAMPIAN BLVD. WILLIAMSPORT, PA 17701 205,193 $164 RF272-41622 RK272-05221 KAY THOMAS 392 HWY. 316 S. POPLAR GROVE, AR 72374 212,353 $170 RF272-35015 TOTALS: 19 3,393,272 $2,714
Last Updated on 8/30/1999
By OHA