Case No. RB272-00152

June 7, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Case: Crude Oil Supplemental Refund Distribution

Date of Filing: May 14, 1999

Case Number: RB272-00152

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 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 August 19, 1973 through January 27, 1981, multiplied by a per gallon refund 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 smaller 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) Further, applicants who previously received a refund will receive a supplemental refund based on an additional $0.0008 per gallon. 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 applicants or certifications from representatives.

The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. The Appendix also indicates the original case numbers of these applicants and 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 33 recipients is $5,916.

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 4, 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

Washington, D.C. 20585-0107

(4) Any conditions imposed 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:June 7, 1999

(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

Appendix
APPENDIX   RB272-00152      
CASE NO.FIRM  ADDRESS  REFUND
RF272-68614 BILL EDDLEMAN 301 E. MAINTIPTON, OK 73570 $190
RF272-70052 W & J HARLAN FARMS, INC.C/O JOY M. HARLAN6211 W. EVANS DR.TERRE HAUTE, IN 478029466$133
RF272-70106 RONALD LUKER 1911 E. TATE ST.BROWNFIELD, TX 79316 $94
RF272-70131 MCCANN CONST. SPECIALTIES CO.C/O ROBERT G. HOWTING543 S. ROHLWING RD.ADDISON, IL 60101 $223
RF272-70187 JACOB LEVY & BROTHERS, INC.C/O J. TONY OHLMANNP.O. BOX 3766LOUISVILLE, KY 402013766$135
RF272-70189 REPUBLIC PROPERTIES, INC.C/O THEODORE R. RUDNYK4845 E. INDIAN SCHOOL RD.PHOENIX, AZ 85018 $135
RF272-70202 CITY OF URBANDALEC/O TIMOTHY P. STOVIE9401 HICKMAN RD.URBANDALE, IA 50511 $202
RF272-70238 KENNETH BROSIUS RT. 2, BOX 11STAPLETON, NE 69163 $528
RF272-70281 BENDER WAREHOUSE CO.C/O WILLIAM FRANKS345 PARR CIRCLERENO, NV 89512 $372
RF272-70287 C.W. KEITH TRANSFER & WAREHOSEC/O DONALD J. KEITHP.O. BOX 567PHOENIX, AZ 85001 $205
RF272-70324 ANDERSON & SONS TRUCKING CO.C/O JIM ORTON2401 E. 5TH ST.RENO, NV 89512 $119
RF272-70455 JAMES R. JOHNS TRUCKINGC/O JAMES R. JOHNS147 HIGHLAND DR.HUGHESVILLE, PA 17737 $255
RF272-70521 HARLAN CENTRAL COALC/O CLYDE V. BENNETTGENERAL DELIVERYGRAYS KNOB, KY 40829 $389
RF272-70524 TOWNSHIP OF BERKELEY HEIGHTSC/O VINCENT J. DENAVE29 PARK AVE.BERKELEY HEIGHTS, NJ 07922 $300
RF272-70538 RALPH KAUMP 3065 3RD RD.WATERVILLE, KS 66548 $85
RF272-70540 JOHN AND LEONA LOGAN 15314 S.E. U.S. HWY. 281KIOWA, KS 67070 $55
RF272-70551 DONALD L. DYKEMA 10409 PRAIRIE CENTER RD.MORRISON, IL 61270 $76
RF272-70568 DONALD MIKESELL RR 1, BOX 67COURTLAND, KS 66939 $117
RF272-70632 HANLEY TRUCKINGC/O GEORGE E. HANLEY4371 E. 1200 N.DEMOTTE, IN 46310 $218
RF272-70636 BOYLE & SONS EXCAVATIONC/O SUZANNE R. BOYLEP.O. BOX 2396FT. COLLINS, CO 80522 $61
RF272-70688 MARION SCHUETZ 542 BLACK JACK RD.DENTON, KS 66017 $117
RF272-70695 NEIL STORIEC/O CAROL STORIERT. 2, BOX 61HAMMOND, NY 13646 $57
RF272-70702 DAVID FELLHOELTER 194 S.W. 1000 RD.DEEPWATER, MO 64740 $157
RF272-70721 KYLE WAGENECHT 303 E. 2ND ST.PROPHETSTOWN, IL 61277 $87
RF272-70746 NORMAN BRINKMAN 402 IOWA ST.OLPE, KS 66865 $119
RF272-70771 RHYNE LUMBER CO.C/O BILL G. WILLIAMSP.O. BOX 709NEWPORT, TN 37822 $140
RF272-70775 TOWNSHIP OF BERLINC/O LORI A. CAMPISANO170 BATE AVE.WEST BERLIN, NJ 08091 $286
RF272-70781 JIM ETHEREDGE FARMSC/O JIM ETHEREDGEHCR 5, BOX 24ALAMESA, TX 79331 $453
RF272-70827 JAMES HENDERSON  305 N. 2ND ST.TRIMBLE, MO 64492 $73
RF272-70844 CITY OF ALLEGANC/O MARY LOU RUSSELL112 LOCUST ST.ALLEGAN, MI 49010 $227
RF272-70909 EDAN FARMSC/O DANIEL B. SCHAEFER13549 WOODWORTH RD.NEW SPRINGFIELD, OH 44443 $134
RF272-70932 LARRY A. CHAPMAN  2515 410 ST.GREENVILLE, IA 51343 $81
RF272-70945 QUENTEN CLER 1510 N. CNTY RD. 1050 E.TUSCOLA, IL 61953 $93
TOTALS: 33       $5,916
           


Last Updated on 5/18/1999
By OHA