Case No. RF272-96159

October 5, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Names of Petitioners: General Finance, Inc., et al.

Dates of Filings: June 1, 1994, et al.

Case Numbers: RF272-96159 et al.

This Decision and Order will consider Applications for Refund filed by eleven claimants that purchased refined petroleum products during the period August 19, 1973 through January 27, 1981. Each applicant listed in the Appendix attached to this 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).

In order to receive a refund for crude oil overcharges, an applicant generally must (1) document its purchase volumes and (2) show that it was injured by the overcharges. Applicants that were end- users of petroleum products and whose business was unrelated to the petroleum industry, however, are presumed to have been injured. City of Columbus, Georgia, 16 DOE¶85,550 (1981).

The amount of an applicant’s refund is equal to $0.0016 per gallon multiplied by the volume of its purchases. Each of the applicants listed in the Appendix has documented its purchase volumes. The purchase volumes and refunds approved for each applicant are set forth in the Appendix. The total volume for which refunds are approved in this Decision is 5,713,503 gallons and the sum of the refunds granted is $9,141.

Each applicant listed in the Appendix has filed their applications through the private filing service, Petroleum Funds, Inc. In accordance with these applicants' requests, their refund checks will be sent to their private filing service.

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 Treasury denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, to the applicants listed in the Appendix.

(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 in its 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) The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary material submitted by the applicants. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying a 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: October 5, 1999

Appendix
CASE NO.APPLICANT FIRMCONTACT VOLUMEREFUND
RF272-96159 GENERAL FINANCE, INC.OR PETROLEUM FUNDS, INC.C/O DENNIS SMITH132,538 $212
RF272-96160 DON SWINNEYOR PETROLEUM FUNDS, INC. 357,715 $572
RF272-96163 DEER PARKS SCHOOLSOR PETROLEUM FUNDS, INC.C/O PHILIP LOGUE364,584 $583
RF272-96166 BETHEL SCHOOL DIST. #52OR PETROLEUM FUNDS, INC.C/O ALAN L. ENGLUND426,503 $682
RF272-96184 WHITKO COMM. SCHOOL CORP.OR PETROLEUM FUNDS, INC.C/O WILLIAM WORL426,000 $682
RF272-96185 BENTON COMMUNITY SCHOOL CORP.OR PETROLEUM FUNDS, INC.C/O LEWIS R. SPROULL661,959 $1,059
RF272-96188 MIDDLESEX SCHOOL DIST.OR PETROLEUM FUNDS, INC.C/O GIN STANLEY1,640,000 $2,624
RF272-96189 WENATCHEE SCHOOL DIST.OR PETROLEUM FUNDS, INC.C/O TERRY KINMAN140,430 $225
RF272-96190 BYRAM HILLS CENTRAL SCHOOLSOR PETROLEUM FUNDS, INC.C/O GUY ELMORE535,849 $857
RF272-96191 OWEGO APALACHIN CENTL SCHOOLOR PETROLEUM FUNDS, INC.C/O JAMES BEAUTER603,655 $966
RF272-96194 WASHINGTON COUNTY SCHOOL DIST.OR PETROLEUM FUNDS, INC.C/O JOYCE ALT424,270 $679
TOTALS: 11     5,713,503 $9,141
           


Last Updated on 10/6/1999
By OHA