Case No. RB272-00152
June 7, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Case: Crude Oil Supplemental Refund Distribution
Date of Filing: May 14, 1999
Case Number: RB272-00152
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 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 August 19, 1973 through January 27, 1981, multiplied by a per gallon refund 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 smaller 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) Further, applicants who previously received a refund will receive a supplemental refund based on an additional $0.0008 per gallon. 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 applicants or certifications from representatives.
The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. The Appendix also indicates the original case numbers of these applicants and 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 33 recipients is $5,916.
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 4, 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
Washington, D.C. 20585-0107
(4) Any conditions imposed 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:June 7, 1999
(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.
Appendix
APPENDIX RB272-00152 CASE NO. FIRM ADDRESS REFUND RF272-68614 BILL EDDLEMAN 301 E. MAIN TIPTON, OK 73570 $190 RF272-70052 W & J HARLAN FARMS, INC. C/O JOY M. HARLAN 6211 W. EVANS DR. TERRE HAUTE, IN 478029466 $133 RF272-70106 RONALD LUKER 1911 E. TATE ST. BROWNFIELD, TX 79316 $94 RF272-70131 MCCANN CONST. SPECIALTIES CO. C/O ROBERT G. HOWTING 543 S. ROHLWING RD. ADDISON, IL 60101 $223 RF272-70187 JACOB LEVY & BROTHERS, INC. C/O J. TONY OHLMANN P.O. BOX 3766 LOUISVILLE, KY 402013766 $135 RF272-70189 REPUBLIC PROPERTIES, INC. C/O THEODORE R. RUDNYK 4845 E. INDIAN SCHOOL RD. PHOENIX, AZ 85018 $135 RF272-70202 CITY OF URBANDALE C/O TIMOTHY P. STOVIE 9401 HICKMAN RD. URBANDALE, IA 50511 $202 RF272-70238 KENNETH BROSIUS RT. 2, BOX 11 STAPLETON, NE 69163 $528 RF272-70281 BENDER WAREHOUSE CO. C/O WILLIAM FRANKS 345 PARR CIRCLE RENO, NV 89512 $372 RF272-70287 C.W. KEITH TRANSFER & WAREHOSE C/O DONALD J. KEITH P.O. BOX 567 PHOENIX, AZ 85001 $205 RF272-70324 ANDERSON & SONS TRUCKING CO. C/O JIM ORTON 2401 E. 5TH ST. RENO, NV 89512 $119 RF272-70455 JAMES R. JOHNS TRUCKING C/O JAMES R. JOHNS 147 HIGHLAND DR. HUGHESVILLE, PA 17737 $255 RF272-70521 HARLAN CENTRAL COAL C/O CLYDE V. BENNETT GENERAL DELIVERY GRAYS KNOB, KY 40829 $389 RF272-70524 TOWNSHIP OF BERKELEY HEIGHTS C/O VINCENT J. DENAVE 29 PARK AVE. BERKELEY HEIGHTS, NJ 07922 $300 RF272-70538 RALPH KAUMP 3065 3RD RD. WATERVILLE, KS 66548 $85 RF272-70540 JOHN AND LEONA LOGAN 15314 S.E. U.S. HWY. 281 KIOWA, KS 67070 $55 RF272-70551 DONALD L. DYKEMA 10409 PRAIRIE CENTER RD. MORRISON, IL 61270 $76 RF272-70568 DONALD MIKESELL RR 1, BOX 67 COURTLAND, KS 66939 $117 RF272-70632 HANLEY TRUCKING C/O GEORGE E. HANLEY 4371 E. 1200 N. DEMOTTE, IN 46310 $218 RF272-70636 BOYLE & SONS EXCAVATION C/O SUZANNE R. BOYLE P.O. BOX 2396 FT. COLLINS, CO 80522 $61 RF272-70688 MARION SCHUETZ 542 BLACK JACK RD. DENTON, KS 66017 $117 RF272-70695 NEIL STORIE C/O CAROL STORIE RT. 2, BOX 61 HAMMOND, NY 13646 $57 RF272-70702 DAVID FELLHOELTER 194 S.W. 1000 RD. DEEPWATER, MO 64740 $157 RF272-70721 KYLE WAGENECHT 303 E. 2ND ST. PROPHETSTOWN, IL 61277 $87 RF272-70746 NORMAN BRINKMAN 402 IOWA ST. OLPE, KS 66865 $119 RF272-70771 RHYNE LUMBER CO. C/O BILL G. WILLIAMS P.O. BOX 709 NEWPORT, TN 37822 $140 RF272-70775 TOWNSHIP OF BERLIN C/O LORI A. CAMPISANO 170 BATE AVE. WEST BERLIN, NJ 08091 $286 RF272-70781 JIM ETHEREDGE FARMS C/O JIM ETHEREDGE HCR 5, BOX 24A LAMESA, TX 79331 $453 RF272-70827 JAMES HENDERSON 305 N. 2ND ST. TRIMBLE, MO 64492 $73 RF272-70844 CITY OF ALLEGAN C/O MARY LOU RUSSELL 112 LOCUST ST. ALLEGAN, MI 49010 $227 RF272-70909 EDAN FARMS C/O DANIEL B. SCHAEFER 13549 WOODWORTH RD. NEW SPRINGFIELD, OH 44443 $134 RF272-70932 LARRY A. CHAPMAN 2515 410 ST. GREENVILLE, IA 51343 $81 RF272-70945 QUENTEN CLER 1510 N. CNTY RD. 1050 E. TUSCOLA, IL 61953 $93 TOTALS: 33 $5,916
Last Updated on 5/18/1999
By OHA