Case No. RF272-96136
October 26, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Application for Refund
Names of Petitioners: Rio Blanco County, et al.
Dates of Filings: June 1, 1994, et al.
Case Numbers: RF272-96136 et al.
This Decision and Order will consider Applications for Refund filed by seven 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). (1) One of the applicants considered in this Decision and Order was submitted by Petroleum Funds, Inc., a private filing service located in Paris, Tennessee.
The amount of an applicants 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 4,538,388 gallons and the sum of the refunds granted is $7,261.
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 26, 1999
(1)Interested parties were given an opportunity to submit comments regarding individual
crude oil refund applications. No such comments were filed with respect to any
application involved in this determination.
Appendix
CASE NO. APPLICANT CONTACT STREET ADDRESS CITY/STATE VOLUME REFUND RF272-96136 RIO BLANCO COUNTY C/O THOMAS C. JUDD PO BOX 1047 MEEKER, CO 81641 2,152,098 $3,443 RF272-96139 SPRINGLAKE-EARTH I.S.D. C/O ROBERT CONKIN PO BOX 130 EARTH, TX 790310130 224,096 $359 RF272-96147 BLAIR COUNTY C/O TERRY L. WAGNER PO BOX 539, COURTHOUSE HOLLIDAYSBURG, PA 166480539 680,276 $1,088 RF272-96162 HAYWARD COMMUNITY SCHOOL DIST. C/O SHIRLEY REDMOND OR PETROLEUM FUNDS, INC. PO BOX 1380 PARIS, TN 382429986 426,142 $682 RF272-96175 CITY OF WHITEHALL, OHIO C/O LENDEL E. HODGE 360 S. YEARLING RD. WHITEHALL, OH 432131894 595,200 $952 RF272-96179 TOWNSHIP OF SCOTT C/O JOHN GAYDESKI 2600 OLD GREENTREE RD. SCOTT TOWNSHIP, PA 15106 210,860 $337 RF272-96197 HARDING COUNTY C/O ARLENE B. ARAGON PO BOX 1002 MOSQUERO, NM 87733 249,716 $400 TOTALS: 7 4,538,388 $7,261
Last Updated on 10/18/1999
By OHA