This Decision and Order will consider Applications for Refund filed by 24 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).

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.

Each of the applicants listed in the Appendix 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 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 applicant’s representative.(1) The total volume for which refunds

are approved in Appendix A in this Decision is 36,971,475 gallons and the sum of the refunds granted is $59,155; the total volume for which refunds are approved in Appendix B in this Decision is 16,26,775 gallons and the sum of the refunds granted is $26,603. 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.

(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 IV, 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 McMickle & Edwards, Inc., and sent to:

(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:

(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.

(1)One applicant, the Town of Fairfield (Case No. RA272-00083) has filed a Motion for Reconsideration. Its original claim was granted in an earlier Decision based on one year of petroleum purchases, rather than the 7.44 years. Therefore, this applicant’s refund will be granted based on the additional purchases.

Another applicant, the Stewart Cartage Co., is no longer operating, and the refund will be divided among the two owners under Case Nos. RF272-89094 and RG272-01097.

Appendix

CASE NO.	APPLICANT	CONTACT	STREET ADDRESS	CITY/STATE	VOLUME	REFUND
RA272-00083	TOWN OF FAIRFIELD	OR PETROLEUM FUNDS, INC. C/O TWIG HOLLAND	PO BOX 1380	PARIS, TN 382429986	6,840,817	$10,945
RF272-76669	FLORIDA DRUM CO., INC.	OR FUEL REFUNDS, INC. C/O JAMES DESIMONE	PO BOX 41553	MEMPHIS, TN 281740553	1,257,837	$2,013
RF272-76673	INCOM INTERNATIONAL, INC.	OR FUEL REFUNDS, INC. C/O BERNARD EARLEY	PO BOX 41553	MEMPHIS, TN 281740553	3,287,584	$5,260
RF272-86522	HOUGHTON LAKE COMM. SCHOOLS	C/O ALETHA ELLSWORTH	6001 W. HOUGHTON LAKE DR.	HOUGHTON LAKE, MI 48629	1,577,704	$2,524
RF272-89094	ART ARKIN	OR WILSON, KELLER & ASSOCIATES FKA STEWART CARTAGE CO.	PO BOX 221145	MEMPHIS, TN 38122	270,660	$433
RF272-89533	PEPSI-COLA CO.	C/O LEO COLLINS	2 EMPIRE BLVD.	MOONACHIE, NJ 07074	7,687,322	$12,300
RF272-89638	B & B LAND CLEARING CO., INC.	C/O BRUCE HYDE	4601 GRANNY DR.	DELVALLE, TX 78617	164,426	$263
RF272-89641	BISHOP & SONS DIRT CONTRACTORS	C/O DANE BISHOP	PO BOX 795	WINTERS, TX 79567	1,556,114	$2,490
RF272-89643	BROTHERS WELL SERVICE, INC.	C/O DOROTHY KUBALA	PO BOX 1540	EL CAMPO, TX 77437	3,231,194	$5,170
RF272-89679	BOYNTON BUS, INC.	C/O JOSEPH ROMANELLI	48-25 METROPOLITAN AVE.	GLENDALE, NY 11385	126,059	$202
RF272-89869	BILL'S WELDING & ROUSTABOUT	C/O BILLY JAMES CRISWELL	RT. 2, BOX 166	POST, TX 793560918	166,849	$267
RF272-89896	BOND MOVING & STORAGE	C/O MICHAEL JOHNSON	PO BOX 362	TORONTO, OH 43964	163,819	$262
RF272-89956	KEITH KURCZEWSKI		RT. 2, BOX 163 A-3	VERSAILLES, MO 65084	121,136	$194
RF272-89967	R.L. ROSENBAUM		110 SYCAMORE	MORTON, IL 615501037	5,644	$9
RF272-98598	CNG TRANSMISSION CORP.	C/O MARTHA BRUNETTI	445 W. MAIN ST.	CLARKSBURG, WV 263022450	10,243,650	$16,390
RG272-01097	JUDY ARKIN	OR WILSON, KELLER & ASSOCIATES FKA STEWART CARTAGE CO.	PO BOX 221145	MEMPHIS, TN 38122	270,660	$433
TOTALS:	16				36,971,475	$59,155


CASE NO.	APPLICANT	FIRM	CONTACT	VOLUME	REFUND
RF272-89093	ARKIN TRUCK LINE	OR MCMICKLE & EDWARDS	C/O ART ARKIN	3,550,064	$5,680
RF272-89097	BARNES FREIGHT LINES, INC.	OR MCMICKLE & EDWARDS	C/O MIKE BARNES	6,446,420	$10,314
RF272-89117	DICK'S AUTO EXPRESS, INC.	OR MCMICKLE & EDWARDS	C/O RAYMOND HOFFMAN	1,162,873	$1,861
RF272-89142	LAWRENCE FOODS, INC.	OR MCMICKLE & EDWARDS	C/O FLOYD ANDREW	548,170	$877
RF272-89506	NASHVILLE-CLARKSVILLE EXPRESS	OR MCMICKLE & EDWARDS	C/O RIGGS HAYES	868,338	$1,389
RF272-89512	FRACON TRUCKING CO., INC.	OR MCMICKLE & EDWARDS	C/O CONRAD J. HABERMANN	1,201,301	$1,922
RF272-89516	OATES BROTHERS, INC.	OR MCMICKLE & EDWARDS	C/O JOHN OATES	569,290	$911
RF272-98548	UNION CARTAGE CO., INC.	OR MCMICKLE & EDWARDS	C/O JOSEPH RUSSELL	2,280,319	$3,649
TOTALS:	8			16,626,775	$26,603