Case No. RK272-05198

August 10, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Petitioners: Tynan’s Nissan, Inc., et al.

Dates of Filing: June 22, 1999, et al.

Case Numbers: RK272-05198 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 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 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 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) 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.

The Appendix to this Decision and Order contains the names and addresses of a group of recipients 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 individual or firm that submitted the verification form (or upon 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 those supplemental refunds.(3) The Appendix also indicates 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 39 recipients is $5,742.

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 IV, 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

1000 Independence Avenue, S.W.

Washington, D.C. 20585-0107

(4) Any conditions 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: August 10, 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.

(3)In a number of instances, we were informed that a firm had been dissolved and that each of the former owners wished to receive an individual refund check. Therefore, each owner was assigned a separate RK272-case number, and the approved volume claim was allocated to each owner based on the percentage of his or her ownership interest. In this Decision, the original RF272-number was assigned several RK272-numbers as follows: RF272-23719 (RK272-05241 and RK272-05242). If there are any future disbursements of crude oil funds, these cases will be known by their RK272-numbers, and the refunds will be calculated on the adjusted gallonage amounts.


Appendix
CASE NO.APPLICANT CONTACT/FIRM STREET ADDRESS CITY/STATE VOLUME REFUND RF NUM
RK272-05198 TYNAN'S NISSAN, INC.C/O MATTHEW J. TYNAN 780 S. HAVANAAURORA, CO 80012 161,267 $129 RF272-93729
RK272-05199 JAMES MORGAN 1041 N. HWY. 288CLUTE, TX 77531 104,155 $83 RF272-91243
RK272-05201 ROGER BASSETT 16916 185TH AVE.WOODINVILLE, WA 98072 381,725 $305 RF272-77106
RK272-05202 DONOVAN L. SPRY BOX 36 LINDEN & E. DIV. ST.CHILI, WI 54420 302,940 $242 RF272-74629
RK272-05203 KENETH L. BROWN LOGGINGC/O KENETH L. BROWN 4585 COUNTRY ROADSAXE, VA 23967 94,071 $75 RF272-73366
RK272-05204 R. VENETTE CORNILS HC 63, BOX 42ABUSHNELL, NE 69128 156,981 $126 RF272-72003
RK272-05205 MARY KAY MICHELS PO BOX 625BEACH, ND 586210625132,804 $106 RF272-71852
RK272-05206 SHIRLEY A. RUSH 9177 RUSH LA.CHESTERHILL, OH 43728 169,545 $136 RF272-71744
RK272-05207 GREENLAWN SOD CO., INC.C/O HARLAN L. HORST 2524 NE FRONTAGE RD.FT. COLLINS, CO 80524 202,968 $162 RF272-70006
RK272-05208 JOSEPHINE ZIMMERMAN 3708 HILLCRESTHAYS, KS 67601 63,035 $50 RF272-68226
RK272-05209 KEN DANA P.O. BOX 5327HELENA, MT 59604 442,576 $354 RF272-68059
RK272-05216 CO-OP COUNTRY PARTNERSC/O MARCIA MONTGOMERY 935 EIGHTH ST.BARABOO, WI 53913 426,873 $341 RF272-48626
RK272-05217 NANCY D. MARKS 3597 HWY. 284TOWNSEND, MT 59644 256,754 $205 RF272-45972
RK272-05223 GLENN W. ROBINETTE PO BOX 1304FORSYTH, MT 59327 102,758 $82 RF272-34344
RK272-05224 GURLEY BROTHERSC/O JAMES L. GURLEY 619 S. RIDGEWAY DR.BLYTHEVILLE, AR 72315 424,972 $340 RF272-22767
RK272-05225 LOIS NORGAARD 500 SKYVIEW DR. #203GRANITE FALLS, MN 56241178372,369 $58 RF272-19771
RK272-05226 RUTH A. DAGGETT 400 N. BUREA ST.CRESTON, IA 50801 101,184 $81 RF272-19297
RK272-05227 P.G. WHITE ESTATEC/O W. EMORY WALTERS PO BOX 247OCILLA, GA 31774 480,627 $385 RF272-16916
RK272-05228 BARBARA SYDOW RR2, BOX 33A, 502 BARTON AVE.STRATTON, NE 69043 169,458 $136 RF272-11571
RK272-05229 JOHN W. CLARK ESTATEC/O NEAL W. CLARK RT. 1, BOX 198ALAMO, GA 30411 110,819 $89 RF272-11125
RK272-05230 LLOYD MAY 404 ORCHARD AVE.PATON, IA 50217 117,976 $94 RF272-07398
RK272-05231 LELAND BELL FARMS, INC.C/O LELAND G. BELL 1499 E. LOS ANGELES AVE.SHAFTER, CA 932639526134,575 $108 RF272-05752
RK272-05232 STANLEY BROWN CO.C/O VINNIE LEE BROWN 137 MEADOWBROOK DR.SANTA MARIA, CA 93455 220,924 $177 RF272-04271
RK272-05233 DALWYN LOHMAN 3582 M 40HAMILTON, MI 49419 73,342 $59 RF272-04146
RK272-05234 SANDRA A. MEYER 2-511 RD. J, RT. 1MCCLURE, OH 43534 105,582 $84 RF272-22233
RK272-05236 INA MAE B. MCMILLAN 2287 BUTTERMILK RD.SYLVANIA, GA 30467 76,481 $61 RF272-71095
RK272-05237 THOMAS W. STARKEY FARMSC/O PATRICIA E. STARKEY 3750 W. ELMWOOD RD.AKRON, MI 48701 131,495 $105 RF272-75152
RK272-05238 RICHARD FRITZLER 1021 SHERIDAN AVE.ALLIANCE, NE 69301 82,149 $66 RF272-21839
RK272-05239 SAMUEL UNZICKER 507 W. GLORIA DR.EUREKA, IL 61530 88,000 $70 RF272-23201
RK272-05240 GRACE MCLENDON RT. 4, BOX 309BLAKELY, GA 31723 106,243 $85 RF272-13372
RK272-05241 FRED HEILAND TRUSTST MARYS STATE BANK TRUST PO BOX 188ST MARYS, KS 66536 174,997 $140 RF272-23719
RK272-05242 DOLLY A. HEILAND 15536 NW 54THROSSVILLE, KS 66533 174,997 $140 RF272-23719
RK272-05245 RODNEY A. DOERR 53876 878 ROADBLOOMFIELD, NE 68718307585,353 $68 RF272-66112
RK272-05255 ESTOLL CORP.C/O JOE ESTOLL PO BOX 1882ODESSA, TX 79760 283,313 $227 RF272-94536
RK272-05256 STRATEGIC MATERIALS, INC.C/O ALLAN J. GOERTZ 5151 SAN FELIPE STE. 1400HOUSTON, TX 77056 129,153 $103 RF272-90038
RK272-05257 EUGENE HOPPE 450 LIBERTY ST., BOX 64NEW MUNICH, MN 56356 169,993 $136 RF272-73799
RK272-05260 DONOVAN JOHNSON RT. 1, BOX L344DOTTERTAIL, MN 565719717398,412 $319 RF272-22772
RK272-05261 ELMER C. PAUL RR2 SUPERIOR, NE 689789802151,955 $122 RF272-12308
RK272-05262 FERN FARMER PO BOX 700CHOWCHILLA, CA 93610 116,867 $93 RF272-69288
TOTALS: 39       7,179,688 $5,742  


Last Updated on 8/4/1999
By OHA