Case No. RF272-53605

April 5, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners:Cantor Real Estate Corp., et al.

Dates of Filings: April 20, 1988, et al.

Case Numbers: RF272-53605, et al.

This Decision and Order grants to 28 Applicants refunds in the Subpart V crude oil special refund proceeding. The names of these claimants are set forth in the Appendices to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973, through January 27, 1981 (the crude oil price control period).

In the past, purchasers of refined petroleum products could apply for refund from crude oil overcharge funds collected by the DOE from firms that sold crude oil during the price control period. Statement of Modified Restitutionary Policy in Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986); 10 C.F.R. Part 205. The Office of Hearings and Appeals has established refund procedures for these funds. E.g., Barry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987).

The refund procedures presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE’s or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). The applicants in this case are end- users of refined petroleum products. The Applicants claim, based upon estimates and actual records, that they purchased a total of 66,997,336 gallons of petroleum products during the period of price controls.(1)

Each Applicant used these products to operate a business, school, county, city, or town. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $107,197 is warranted. The amount each Applicant will receive is listed in the Appendices to the Decision and Order. It is the policy of the DOE to pay all crude oil refund claims that were filed by June 30, 1995, the final deadline for the crude oil proceeding, at the rate of $.0016 per gallon. We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we know how much money is remaining after all outstanding

enforcement proceedings are resolved.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the 28 claimants listed in the Appendices 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 a total of $107,197 from the DOE deposit fund escrow account denominated Crude Tracking - Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury. The checks for the Applicants listed on Appendix A shall be payable to the Applicants and shall be sent to the addresses listed on the Appendix. The checks for the Applicants listed on Appendix B shall be made payable to “[Applicant] or Petroleum Funds, Inc.” and sent to:

Petroleum Funds, Inc.

P. O. Box 1380

Paris, TN 38242-9986

(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 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, DC 20585-0107

(4) The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary materials submitted by the Applicants. These determinations may be revoked or modified at any time upon a finding that the basis underlying any 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:April 5, 1999

(1)Interested parties were provided with an opportunity to submit comments regarding individual crude oil refund Applications. No such comments were filed with respect to any Application considered in this Decision.

Appendix
APPLICANT CONTACTSTREET ADDRESSCITY/STATE VOLUMEREFUND
CANTOR REAL ESTATE CORP.C/O MICHAEL CANTOR 7401 RIDGE BLVD.BROOKLYN, NY 11209 959,453 $1,535
ANDREW JACKSON APARTMENTSC/O THERESA SANTIAGO MARIMAR MANAGEMENT129-09 26TH AVE.FLUSHING, NY 11354 957,632 $1,532
BROOME COUNTY GOVERNMENTC/O MARIE LE COZ P.O. BOX 1766BINGHAMTON, NY 13902 5,479,702 $8,768
MAINE MEDICAL CENTERC/O EDWARD W. HOLLIDGE 22 BRAMHALL ST.PORTLAND, ME 04102 6,788,502 $10,862
PIKE COUNTYC/O CHUCK E. LAMBERT P.O. BOX 431MAGNOLIA, MS 39652 2,500,000 $4,000
FALLSBURG CENTRAL SCHOOL DIST.C/O JOHN SEMENIAK BOX A HFALLSBURG, NY 12733 2,167,206 $3,468
CUMBERLAND COUNTYC/O JOHN F. NALEPA P.O. DRAWER 1829FAYETTEVILLE, NC 2830218293,546,773 $5,675
CITY OF BUFFALO, NYCOMMISS. ADMIN. & FINANCE 203 CITY HALLBUFFALO, NY 14202 11,122,147 $17,795
HANCOCK COUNTY SECONDARY ROADSC/O J. WM. WADDINGHAM 855 STATE ST.GARNER, IA 50438 973,751 $1,558
DREW CHEMICAL CORP.C/O GEORGE MAZZONE 1 DREW CHEMICAL PLAZABOONTON, NJ 07005 1,510,190 $2,416
VINER'S, INC.C/O WILLIAM H. VINER OR KINSEY, RIDENOUR, BECKER & KISTLER P.O. BOX 2512LINCOLN, NE 68502 4,396,432 $7,034
KIRCHWEHM BROS. CARTAGE CO.C/O ELMER KIRCHWEHN OR MCMICKLE & EDWARDSP.O. BOX 221145MEMPHIS, TN 38122 1,825,463 $2,921
FINE TRUCK LINES, INC.C/O PAT FINE 801 W. DODSON AVE.FT. SMITH, AR 72913 386,024 $618
13       42,613,275 $68,182
           
           
APPLICANT FIRM CONTACT VOLUME REFUND  
CARDINAL LINES, INC.OR PETROLEUM FUNDS, INC.C/O PHILLIP W. EDMISTON603,823 $966  
GENERAL TRANSFER CO.OR PETROLEUM FUNDS, INC.PHILLIP W. EDMISTON9,503,418 $15,205  
CITY OF SUMMITOR PETROLEUM FUNDS, INC.C/O DAVID L. HUGHES1,078,800 $1,726  
CITY OF GREENACRES CITYOR PETROLEUM FUNDS, INC.C/O DAVID R. MILES542,477 $868  
PARIS CITY SPECIAL SCHOOL DISTOR PETROLEUM FUNDS, INC.PARIS CITY SPECIAL SCHOOL108,695 $174  
AMERICAN DISTILLING & MFG. INCOR PETROLEUM FUNDS, INC.C/O EDWARD C. JACKOWITZ647,280 $1,036  
TOWN OF WENDELLOR PETROLEUM FUNDS, INC.C/O BARBARA RAPER192,085 $307  
CITY OF NEW PHILADELPHIAOR PETROLEUM FUNDS, INC.C/O TIM A. HURST645,635 $1,033  
BOROUGH OF JAMESBURGOR PETROLEUM FUNDS, INC.C/O VICTOR KNOWLES300,910 $481  
NATROCHEM, INC.OR PETROLEUM FUNDS, INC.C/O JOHN N. HOWARD1,000,940 $1,602  
GREATER NANTICOKE SCHOOL DISTOR PETROLEUM FUNDS, INC.C/O LEONARD B. PRZYWARA2,250,063 $3,600  
J. GRADY RANDOLPH, INC.OR PETROLEUM FUNDS, INC.C/O JOE RANDOLPH3,415,631 $5,465  
BLUE RIDGE TRUCKING CO., INC.OR PETROLEUM FUNDS, INC.C/O RON GOLDSTEIN1,286,076 $2,058  
COASTAL TRANSPORT CO., INC.OR PETROLEUM FUNDS, INC.C/O JOHN BLACKMAN1,187,885 $1,901  
BALTIMORE TANK LINES, INC.OR PETROLEUM FUNDS, INC.C/O WAYNE KUS1,620,343 $2,593  
15     24,384,061 $39,015  
           


Last Updated on 3/23/1999
By OHA