Case No. RF272-57083

January 27, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refunds

Names of Petitioners: Ash Grove Cement West, Inc., et al.

Dates of Filing: May 23, 1988, et al.

Case Numbers: RF272-57083, et al.

This Decision and Order will consider Applications for Refund filed by 40 claimants that purchased refined petroleum products during the period August 19, 1973, through January 27, 1981. Each applicant listed in the Appendices attached to the 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 that was an end-user (i.e., consumer) of refined petroleum products must document its purchase volumes. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). Each applicant's refund share is calculated using the current refund amount of $0.0016 per gallon.

We have reviewed the information submitted by these applicants and determined that each was an end-user of petroleum products.(1) Each of the applicants has demonstrated the volume of its claim by consulting actual records or by using a reasonable estimation technique. The gallonage amounts listed in the Appendices to this Decision and Order reflect the approved purchase volume for each applicant.

Each of the applicants listed in the Appendices is eligible to receive a refund. The purchase volumes and refunds approved for each applicant are set forth in the Appendices. The applicants considered in this Decision applied either on their own behalf or through a private filing service. In accordance with each applicant's request, the refund checks will be sent to the applicant or the applicants’ representative. The total volume for which refunds are approved in Appendix A in this Decision is 28,886,370 and the sum of the refunds granted is $46,217 and the total volume for which refunds are approved in Appendix B in this Decision is 53,346,839 gallons and the sum of the refunds granted is $85,351. 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 claimants listed in the Appendices 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 Appendices to this Decision and Order from the DOE deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants 4 Account No. 999DOE010Z to the applicants listed in the Appendices.

For those applicants listed in Appendix A, the checks should be made payable to the applicant and sent to the address indicated in the Appendix.

For those applicants listed in Appendix B, the checks should be made payable to “[the applicant] or Petroleum Funds, Inc.” and sent to:

Petroleum Funds, Inc.

P.O. Box 1380

Paris, TN 38242-9986

(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

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. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any 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: January 27, 1998

(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
RF272-57083 ASH GROVE CEMENT WEST, INC. C/O PAUL LIVESAY 6720 S.W. MACADAM AVE., #300 PORTLAND, OR 972013786 15,888,801 $25,422
RF272-95737 SHERMAN DRILLING, INC. C/O MICHAEL SHERMAN P.O. BOX 112 MINERAL CITY, OH 44656 8,386,442 $13,418
RF272-96410 MONTGOMERY COUNTY C/O JON B. GANSER COURTHOUSE NORRISTOWN, PA 19404 1,107,947 $1,773
RF272-96423 NORTH PUTNAM COMMUNITY SCHOOLS C/O N.J. BATES P.O. BOX 169 BAINBRIDGE, IN 46105 630,277 $1,008
RF272-96464 LAGUNA BEACH UNIF. SCHOOL DIST 550 BLUMONT LAGUNA BEACH, CA 92651 372,000 $595
RF272-96466 LAKE HAVASU UNIF. SCHOOL DIST. C/O TIM LEEDY 2200 HAVASUPAI BLVD. LAKE HAVASU CITY, AZ 86403 239,412 $383
RF272-96474 CITY OF COLLEGE STATION C/O MARK GARTON P.O. BOX 9960 COLLEGE STATION, TX 778420960 1,655,622 $2,649
RF272-96478 CITY OF LAKEWOOD C/O CAROL MOON P.O. BOX 220 LAKEWOOD, CA 90714 605,869 $969
Totals: 8       28,886,370 $46,217
             
             
CASE NO. APPLICANT FIRM CONTACT VOLUME REFUND  
RF272-95400 CLAY COUNTY SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O G. JEAN LEE 2,164,630 $3,463  
RF272-96404 WINDSOR SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O JOHN MOORE 199,950 $320  
RF272-96414 UTICA CITY SCHOOLS OR PETROLEUM FUNDS, INC. FELIX GIGLIOTTI 7,037,062 $11,259  
RF272-96418 PINAL COUNTY, AZ OR PETROLEUM FUNDS, INC. C/O CECELIA LONG 4,139,884 $6,624  
RF272-96419 CITY OF TALLMADGE OR PETROLEUM FUNDS, INC. C/O JACK COOPER 2,425,127 $3,880  
RF272-96421 SPINK COUNTY, SD OR PETROLEUM FUNDS, INC. C/O GARY NEWMAN 94,488 $151  
RF272-96424 WATERBURY SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O WILLIAM RIEGEL 321,318 $514  
RF272-96425 KEARSLEY COMMUNITY SCHOOLS OR PETROLEUM FUNDS, INC. C/O CLAY PERKINS 567,798 $908  
RF272-96426 LITTLESTOWN AREA SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O DARLENE M. KETTERMAN 533,396 $853  
RF272-96427 SHERWOOD R VIII SCHOOLS OR PETROLEUM FUNDS, INC. C/O DONALD LOVLAND 588,541 $942  
RF272-96429 TOWNS COUNTY SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O JAMES KIMSEY 108,922 $174  
RF272-96434 KAUFMAN IND. SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O DOROTHY EASTEP 372,000 $595  
RF272-96441 CITY OF KINGSPORT OR PETROLEUM FUNDS, INC. 11,524,443 $18,439  
RF272-96443 STAFFORD COUNTY, VA OR PETROLEUM FUNDS, INC. C/O CRAIG GREENLAW 5,819,017 $9,310  
RF272-96444 TOWNSHIP OF LOOKINGGLASS OR PETROLEUM FUNDS, INC. C/O HWY. COMM. 240,052 $384  
RF272-96452 CITY OF MIAMISBURG OR PETROLEUM FUNDS, INC. C/O LARRY J. RETHERFORD 497,566 $796  
RF272-96456 CITY OF BLOOMINGDALE OR PETROLEUM FUNDS, INC. 339,472 $543  
RF272-96460 SEBEKA SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O RUSS LAPOSKY 609,626 $975  
RF272-96462 RIVERVIEW SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O CAROL OTNESS 475,981 $762  
RF272-96463 WAUBAY SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O VINCENT BOIK 134,009 $214  
RF272-96469 ORADELL SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O DAVID CLOVER 367,164 $587  
RF272-96473 CITY OF COBDEN OR PETROLEUM FUNDS, INC. C/O KAREN WINZENBURGER 58,515 $94  
RF272-96475 TOWNSHIP OF GROVELAND OR PETROLEUM FUNDS, INC. C/O ROBERT CARPENTER 302,064 $483  
RF272-96476 BESSEMER CITY SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O AL GAISS 561,884 $899  
RF272-96480 CONTRA COSTA COUNTY, CA OR PETROLEUM FUNDS, INC. C/O TERRY MANN 4,831,500 $7,730  
RF272-96481 ARGO COMM. HIGH SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O ROBERT D. KOCH 187,458 $300  
RF272-96486 GERVAIS SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O TERRY CUTSFORTH 24,607 $39  
RF272-96488 TOWNSHIP OF CLEAR LAKE OR PETROLEUM FUNDS, INC. C/O RICHARD WIELAND 554,778 $888  
RF272-96491 MOFFAT COUNTY ROAD DEPT. OR PETROLEUM FUNDS, INC. C/O CARRIE M. MANN 1,940,753 $3,105  
RF272-96495 CONCORDIA SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O LARRY NELSON 412,972 $661  
RF272-96496 MINNEOTA SCHOOL DIST. OR PETROLEUM FUNDS, INC. C/O GLENDA FINK 5,799,473 $9,279  
RF272-96499 PLEASANTON PUBLIC SCHOOLS OR PETROLEUM FUNDS, INC. C/O LARRY JOHNSON 112,389 $180  
Totals: 32     53,346,839 $85,351  
             


Last Updated on 1/29/98
By OHA