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