Case No. RF272-80877

January 21, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Applicants: Okeechobee County School District, et al.

Dates of Filing: August 24, 1990, et al.

Case Numbers: RF272-80877, et al.

This Decision and Order will consider the Applications for Refund filed by five Applicants listed in the Appendix attached to this Decision and Order. The Applications are based upon the Applicants' purchases of refined petroleum products during the crude oil price control period (August 19, 1973 through January 27, 1981). Each Applicant has requested a refund from crude oil funds available for disbursement by the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) under the provisions of 10 C.F.R. Part 205, Subpart V.

In the past, purchasers of refined products were allowed to apply to the OHA for a refund from crude oil overcharge funds collected by the DOE. 51 Fed. Reg. 27899 (August 4, 1986). We have established refund procedures for these funds, which have been made available through consent orders between the DOE and numerous firms that sold crude oil during the price control period. E.g., Berry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85, 495 (1987); Mountain Fuel Supply Co., 14 DOE ¶ 85,475 (1986).

The refund procedures specify that in order to receive a refund, an Applicant generally must: (1) document its purchase volumes and (2) show that it was injured by alleged crude oil overcharges. Applicants who were end-users of petroleum products, however, and whose businesses were unrelated to the petroleum industry are presumed to have absorbed the crude oil overcharges. These Applicants need not submit proof of injury to receive a refund in the Subpart V proceeding. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

In general, an Applicant is eligible for a refund equal to the number of gallons it purchased multiplied by the volumetric refund amount. Currently, the volumetric refund amount is $.0016 per gallon.

We have carefully reviewed the information submitted by the five Applicants, and we have determined that the information provided by them sufficiently supports their Applications for Refund. We find that all five Applicants were end-users of refined petroleum products. Accordingly, they are presumed injured by the crude oil overcharges and are entitled to receive their full allocable shares of the crude oil funds. The purchase volumes and refunds approved for each Applicant are set forth in the Appendix. The total volume approved in this Decision is 1,872,682 gallons, and the sum of the refunds granted is $2,996.

The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund Applicants at the rate of $0.0016 per gallon. We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we are better able to determine how much additional money will be collected from firms that have either outstanding obligations to the DOE or enforcement cases currently in litigation.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the five Applicants listed in the Appendix attached to this Decision and Order are hereby granted 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 $2,996 from the DOE deposit fund escrow account denominated Crude Tracking-Claimants 4, Account Number 999DOE010Z, maintained at the Department of Treasury to the five Applicants as listed in the Appendix attached to this Decision and Order.

(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, D.C. 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. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any Application for Refund is incorrect.

(5) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: January 21, 1999

APPENDIX

OKEECHOBEE COUNTY SCHOOL DISTRICT, ET AL.

CASE NOS. RF272-80877, ET AL.

Case No.

Applicant / Contact

Address

Gallons

Refund

RF272-80877

Okeechobee County School District

700 SW 2nd Avenue

472,569

$756

c/o Joy Terberville

Okeechobee

FL 34974

RF272-80882

Wilcox County School District

P.O. Box 160

881,609

$1,411

c/o Mary Nell Driggers, CFO

Camden

AL 36726

RF272-80950

Hardin School District 17H/1

Route 1, Box 1001

250,185

$400

Re: Hardin High School #1

Hardin

MT 59034

c/o Dan Laubach, Business Manager

RF272-80966

Dickson School District

Route 4, Box 122

210,582

$337

c/o Donna Mobly

Ardmore

OK 73401

RF272-81156

Perry School Department

102 High Street

57,737

$92

c/o Helen Kilby

Eastport

ME 04631

Superintendent of Schools Office

Totals

5 Applicants

1,872,682

$2,996