Case No. RK272-05429
October 25, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Names of Cases: Nelcon, Inc., et al.
Dates of Cases: July 29, 1999 et al.
Case Numbers: RK272-05429, 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 Decisions 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 29 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 29 claimants is $8,238.
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 $8,238 to the 29 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:October 25, 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-) formerly 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 RK272-05429 NELCON, INC. C/O GEORGE E. SCHULTZE 8900 CARTAGE RD. MISSOULA, MT 598089498 656,356 $525 RF272-65195 RK272-05447 W.J. NICHOLSON 8545 CARMEL VALLEY RD. CARMEL, CA 93923 107,129 $86 RF272-42715 RK272-05449 HILL-VU FARMS TRUST C/O R. N. SAMPLES 1226 US HWY. 51 N. CLINTON, KY 42031 162,564 $130 RF272-37564 RK272-05454 HUDDY TRUCKING C/O STEPHEN L. HUDDY 2885 W. 128TH AVE. DENVER, CO 80234 109,558 $88 RF272-65948 RK272-05458 WORCESTER SPINNING & FINISHING C/O ALAN S. YOFFIE PO BOX 645 WORCESTER, MA 01613 2,090,955 $1,673 RF272-57846 RK272-05467 EVERETTE'S HAY & STRAW, INC. C/O DAVID EVERETT PO BOX 103 OAK HARBOR, OH 43449 141,331 $113 RF272-31295 RK272-05468 OWEN LANGLIE RT. 2, BOX 136 N. MANKATO, MN 56003 75,256 $60 RF272-39817 RK272-05480 RODNEY WEBSTER, INC. C/O LORI ELLISON PO BOX 59 ST. VINCENT, MN 56755 722,129 $578 RF272-33947 RK272-05481 RICHARD MAUS 20510 S. GREENFIELD CHANDLER, AZ 85249 300,000 $240 RF272-59403 RK272-05484 CHARLES BEST, JR. 2115 S. 4TH ST. TUCUMCARI, NM 88401 99,160 $79 RF272-35008 RK272-05487 ARDEN MILLER, INC. C/O MARION MILLER 21 DILL RD. FORESTBURGH, NY 12777 649,826 $520 RF272-61914 RK272-05490 WILLIAM KARBOWSKI PO BOX 173 PINCONNING, MI 486500173 131,052 $105 RF272-39425 RK272-05491 STATESRAIL, LAHAINA, KAANAPALI AND PACIFIC RAILROAD 975 LIMHANA PL., #203 LAHAINA, HI 96761 789,510 $632 RF272-63650 RK272-05493 MCCLUE ASSOCIATES, INC. C/O MARY L. MOOREHOUSE PO BOX 603 GLIDDEN, IA 51443 619,640 $496 RF272-43920 RK272-05499 QUITMAN SCHOOL DIST. C/O CHARLES SHEPHERD, JR. 312 E. FRANKLIN ST. QUITMAN, MS 39355 1,105,168 $884 RF272-65379 RK272-05500 LOCKPORT TRUCKING & WAREHOUSE C/O GERARD FODERA 129-02 NORTHERN BLVD. CORONA, NY 11368 434,475 $348 RF272-63085 RK272-05502 SHIRLEY HOLLAND 3549 E. RD. 1 S. MONTE VISTA, CO 811449384 116,090 $93 RF272-51853 RK272-05503 T.P. HUDSON 308 MAIN TRENTON, MO 64683 80,391 $64 RF272-36068 RK272-05505 CECELIA DRAVES 5438 N. L. SECTIONLINE RD. 21 NEW LONDON, OH 44851 106,243 $85 RF272-33585 RK272-05508 ALLEN POLSFUT 5300 4TH ST., S.W. MINOT, ND 587017640 223,363 $179 RF272-55485 RK272-05513 JOYCE JENSEN 342 CAMAS RD. POLSON, MT 59860 222,440 $178 RF272-35495 RK272-05517 RACHEL HUNINGHAKE 2681 WILDCAT RD. FRANKFORT, KS 66427 283,315 $227 RF272-59460 RK272-05522 MRS. RAYFORD MARTIN 613 W. KIOWA ST. MARLOW, OK 730552061 137,762 $110 RF272-37727 RK272-05526 JON M. CARTER 892 RD. 22 1/2 POWELL, WY 82435 65,689 $53 RF272-38975 RK272-05528 AILEEN HAN PO BOX 866 INVERNESS, MT 59530 184,926 $148 RF272-31234 RK272-05529 HELEN L. HEESCH 3816 66TH ST., BOX 7 NEHAWKA, NE 684132632 142,800 $114 RF272-59651 RK272-05531 DONALD DENOUDEN 40578 295TH ST. AVON, SD 573155004 71,714 $57 RF272-38718 RK272-05534 GEORGE PAPPAS 2700 COVINGTON PL. ST. LOUIS, MO 63131 369,997 $296 RF272-57375 RK272-05535 BONNIE FRANDSON 425 S. ROANOKE ST. MESA, AZ 852062126 96,701 $77 RF272-62908 TOTALS: 29 10,295,540 $8,238
Last Updated on 10/25/1999
By OHA