Case No. RF272-75391
June 29, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Applications for Refund
Names of Petitioners:Clarence Cooperative Co., et al.
Dates of Filings: March 13, 1989, et al.
Case Numbers: RF272-75391, et al.
This Decision and Order grants to 39 Applicants refunds in the Subpart V crude oil special refund proceeding. The names of these claimants are set forth in the Appendices to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973, through January 27, 1981 (the crude oil price control period).
In the past, purchasers of refined petroleum products could apply for refund from crude oil overcharge funds collected by the DOE from firms that sold crude oil during the price control period. Statement of Modified Restitutionary Policy in Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986); 10 C.F.R. Part 205. The Office of Hearings and Appeals has established refund procedures for these funds. E.g., Barry Holding Co., 16 DOE ¶ 85,405 (1987); A. Tarricone, Inc., 15 DOE ¶ 85,495 (1987).
The refund procedures presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE’s or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987). The applicants in this case are end-users of refined petroleum products.(1) The Applicants claim, based upon estimates and actual records, that they purchased a total of 171,921,927 gallons of petroleum products during the period of price controls.(2)
Each Applicant used these products to operate a business, school, county, city, or town. After considering each Application, we have concluded that the claimed volumes are accurate and a total refund of $275,075 is warranted. The amount each Applicant will receive is listed in the
Appendices to the Decision and Order. It is the policy of the DOE to pay all crude oil refund claims that were filed by June 30, 1995, the final deadline for the crude oil proceeding, at the rate of $.0016 per gallon. We will decide whether sufficient crude oil overcharge funds are available for additional refunds for these and other successful applicants when we know how much money is remaining after all outstanding enforcement proceedings are resolved.
It Is Therefore Ordered That:
(1) The Applications for Refund filed by the 39 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 a total of $275,075 from the DOE deposit fund escrow account denominated Crude Tracking - Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury. The checks for the Applicants listed on Appendix A shall be payable to the Applicants and shall be sent to the addresses listed on the Appendix. The checks for the Applicants listed on Appendix B shall be made payable to “[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, DC 20585-0107
(4) The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary materials submitted by the Applicants. 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:June 29, 1999
(1)A number of the applicants in this case are cooperatives. Applications filed by cooperatives are deemed to have been filed on behalf of the members to whom they sold petroleum products. Each of the cooperatives in this case has certified that it will pass thorugh any refund it receives to its members on a dollar for dollar basis. Under these circumstances, the cooperatives in this case are entitled to the end-user presumption of injury.
(2)Interested parties were provided with an opportunity to submit comments regarding individual crude oil refund Applications. No such comments were filed with respect to any Application considered in this Decision.
Appendix
| CASE NO. | APPLICANT | CONTACT | STREET ADDRESS | CITY/STATE | VOLUME | REFUND |
| RF272-75391 | CLARENCE COOPERATIVE CO. | C/O MIKE HALVERSON OR ENERGY REFUNDS, INC. | 31 SMALL LANE | HARDIN, KY 42048 | 3,840,214 | $6,144 |
| RF272-75624 | SIMPLEX WIRE & CABLE CO. | C/O KIRBY WOOD | 2073 WOODBURY AVE. | NEWINGTON, NH 03801 | 5,371,551 | $8,594 |
| RF272-86458 | MARION COUNTY SHERIFF | C/O JIMMY POLK | P.O. BOX 1987 | OCALA, FL 32678 | 963,317 | $1,541 |
| RF272-86459 | CHALLENGE ASPHALT PAVING | C/O DEWAYNE COPUS | 339 ORTEGA RIDGE RD. | MONTECITO, CA 93108 | 1,810,018 | $2,896 |
| RF272-86466 | LOWER CAPE MAY REG. SCHL. DIST | C/O JACK J. PFIZENMAYER | 687 RT. 9 | CAPE MAY, NJ 08204 | 1,338,113 | $2,141 |
| RF272-86472 | KENT COUNTY | C/O EREN L. ROSE | CNTY COURTHOUSE; 400 HIGH ST. | CHESTERTOWN, MD 21620 | 726,541 | $1,162 |
| RF272-86475 | LINE MOUNTAIN SCHOOL DIST. | C/O DALE R. MARTZ | RR 1, BOX 851 | HERNDON, PA 178309798 | 766,029 | $1,226 |
| RF272-86483 | LOCUST VALLEY CENTRAL SCH DIST | C/O HENRY ALILIONIS | HORSE HOLLOW RD. | LOCUST VALLEY, NY 11560 | 1,499,940 | $2,400 |
| RF272-86490 | HALF HOLLOW HILLS C.S.D. | C/O CHARLES BEVINGTON | 525 HALF HOLLOW RD. | DIX HILLS, NY 11746 | 9,040,632 | $14,465 |
| RF272-86614 | RIDGELINE TRUCKING, INC. | C/O MARVIN AARDEMA | 13000 S. 83RD CT. | PALOS PARK, IL 60464 | 923,000 | $1,477 |
| RF272-87665 | HARBISONS DAIRIES | OR SOUTHLAND CORP. | P.O. BOX 711 | DALLAS, TX 752210711 | 13,591,287 | $21,746 |
| RF272-89030 | OKLAHOMA CITY PUBLIC SCHOOLS | C/O BETTY DEAN | P.O. BOX 25428 | OKLAHOMA CITY, OK 73125 | 3,750,000 | $6,000 |
| RF272-89095 | ARROW TRANSPORTATION CO. | C/O ROBERT B. SCHNEIDER OR MCMICKLE & EDWARDS | P.O. BOX 221145 | MEMPHIS, TN 38122 | 4,591,124 | $7,346 |
| RF272-89328 | GORDON PAVING | C/O KENNETH HANSEN | 235 W. HWY. 30 | BURLEY, ID 83318 | 6,953,230 | $11,125 |
| RF272-89444 | NORTH GEORGIA COLLEGE | C/O TOM FOX | HWY. 60 S. | DAHLONEGA, GA 30533 | 2,536,666 | $4,059 |
| RF272-89471 | MASONRY PRODUCTS, INC. | OR ESTATE OF R.A. HOLLINGSWORTH JR. | P.O. BOX 184 | CARROLLTON, GA 30117 | 196,843 | $315 |
| RF272-89479 | RESURRECTION CEMETERY, INC. | C/O MICHAEL MAZZUCA | P.O. BOX 151 | CLINTON, MD 20735 | 22,897 | $37 |
| RF272-89511 | LIBERTY-MIDDLETON EXPRESS, INC | C/O CARL SCHERF OR MCMICKLE & EDWARDS | P.O. BOX 221145 | MEMPHIS, TN 38122 | 1,266,028 | $2,026 |
| RF272-89531 | AUBREY T. MOOREFIELD PAVING | C/O HARRY MOOREFIELD | P.O. BOX 7859 | ST. PETERSBURG, FL 337347859 | 10,739,621 | $17,183 |
| RF272-89534 | GULF PAVING CO., INC. | C/O TOM LAUSE | P.O. BOX 1584 | FT. MYERS, FL 33902 | 6,378,347 | $10,205 |
| RF272-89556 | HEMPT BROS., INC. | C/O JOE THEURER | P.O. BOX 278 | CAMP HILL, PA 17011 | 9,349,561 | $14,959 |
| RF272-89577 | ROSS OF GEORGIA, INC. | C/O KATHY STEED | P.O. BOX 666 | OCILLA, GA 31774 | 11,356,063 | $18,170 |
| RF272-89585 | FT. DODGE ASPHALT | C/O GARY KOCH | BOX 1374 | FT. DODGE, IA 50501 | 3,183,268 | $5,093 |
| RF272-89834 | ADVANCED ASPHALT CO. | C/O STEVE KELLEY | P.O. BOX 234 | PRINCETON, IL 61356 | 10,859,488 | $17,375 |
| RF272-89942 | OHIO VALLEY CONTRACTORS, INC. | C/O CECIL DORTON | 300 SUNRISE DR.; P.O. BOX 310 | MADISON, IN 47250 | 9,068,182 | $14,509 |
| RF272-99015 | FARMERS COOP CO. OF WOOLSTOCK | C/O RICKY L. MOORE OR ENERGY REFUNDS, INC. | 31 SMALL LANE | HARDIN, KY 42048 | 10,006,702 | $16,011 |
| RF272-99040 | JR'S RAT HOLE DRILLING, INC. | C/O TOMMY W. WEDER OR WEDER DRILLING | P.O. BOX 1314 | WOODWARD, OK 73802 | 373,017 | $597 |
| TOTALS: | 27 | 130,501,679 | $208,802 | |||
| CASE NO. | APPLICANT | FIRM | CONTACT | VOLUME | REFUND | |
| RF272-86436 | GREENE COUNTY | OR PETROLEUM FUNDS, INC. | C/O DENNY L. WILLIAMS | 13,564,362 | $21,703 | |
| RF272-86445 | CITY OF DETROIT LAKES | OR PETROLEUM FUNDS, INC. | C/O LOUIS GUZEK | 506,506 | $810 | |
| RF272-86452 | BENNETT COUNTY | OR PETROLEUM FUNDS, INC. | C/O JAN HANNIS | 556,417 | $890 | |
| RF272-86463 | MARION COUNTY | OR PETROLEUM FUNDS, INC. | C/O KENNETH E. JEFFERSON | 499,888 | $800 | |
| RF272-86464 | DELAWARE COUNTY | OR PETROLEUM FUNDS, INC. | C/O CORDELL CAMPBELL | 2,922,201 | $4,676 | |
| RF272-86471 | CITY OF NORTHGLENN | OR PETROLEUM FUNDS, INC. | C/O KATE SIMSON | 674,500 | $1,079 | |
| RF272-86479 | DOUGLAS COUNTY | OR PETROLEUM FUNDS, INC. | C/O JOHN W. DIXON | 1,143,729 | $1,830 | |
| RF272-86481 | CITY OF LUDINGTON | OR PETROLEUM FUNDS, INC. | C/O JAMES MILLER | 251,152 | $402 | |
| RF272-86489 | MACON COUNTY | OR PETROLEUM FUNDS, INC. | C/O ALAN BRANDT | 3,875,630 | $6,201 | |
| RF272-86495 | POLK COUNTY | OR PETROLEUM FUNDS, INC. | C/O HARRY L. HEDGES JR. | 16,522,440 | $26,436 | |
| RF272-87753 | CHEYENNE COUNTY | OR PETROLEUM FUNDS, INC. | C/O DAVE FLEMMING | 629,140 | $1,007 | |
| RF272-88958 | BROOKLINE HOUSING TRUST | OR PETROLEUM FUNDS, INC. | C/O B.M. MOSKOW | 274,283 | $439 | |
| TOTALS: | 12 | 41,420,248 | $66,273 | |||
Last Updated on 6/28/1999
By OHA