Case No. RF272-79198

June 27, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Applications for Refund

Names of Petitioners: Emco Elevators, Inc., et al.

Date of Filings: July 30, 1990, et al.

Case Numbers: RF272-79198, et al.

This Decision and Order considers and ultimately grants, in whole or in part, nine Applications for Refund, releasing a total of $43,679 in the Subpart V crude oil refund proceeding. The names of the nine Applicants are set forth in the Appendix to this Decision and Order. Each Applicant purchased refined petroleum products during the period August 19, 1973 through January 27, 1981 and each has requested a refund from crude oil monies available for disbursement by the Office of Hearings and Appeals of the Department of Energy (DOE) pursuant to the Statement of Modified Restitutionary Policy In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). Each Applicant relies on the presumption of injury for end-users as the basis for its refund claim. Under this presumption, OHA will presume applicants were injured if they were end-users of petroleum products and were not covered by the DOE or its predecessors’ price controls. City of Columbus, Georgia, 16 DOE ¶ 85,550 (1987).

We have reviewed the information submitted by all nine applicants and determined that each was an end-user of eligible petroleum products. Each of the applicants listed in the Appendix derived its purchase volume claim by consulting actual records or by using reasonable estimation techniques. After considering each Application carefully, we have concluded that refunds are warranted for the purchase volumes and in the amounts set forth in the Appendix attached to the Decision.(1) The total volume for which refunds are approved in this Decision is 27,299,454 gallons and the sum of the refunds granted is $43,679.

The final deadline for the crude oil proceeding was June 30, 1995. It is the current policy of the DOE to pay eligible crude oil refund claimants at the rate of $0.0016 per gallon. We will decide after the resolution of a few outstanding enforcement proceedings whether sufficient funds are available for additional refunds.

It Is Therefore Ordered That:

(1) The Applications for Refund filed by the claimants listed in the Appendix 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 Appendix 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 or their representatives listed in the Appendix. A refund check in the amount of $2,501 shall be sent to the representative of Louderback Transportation:

McMickle & Edwards

P.O. Box 221145

Memphis, TN 38122

A refund check in the amount of $747 shall be sent to the representative of two applicants:

Petroleum Funds, Inc.

P.O. Box 1386

Paris, TN 38242-9986

Checks totalling $40,431 shall be sent to the other applicants listed in the Appendix.

(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 in its 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. This Decision and Order may be revoked or modified at any time upon a determination that the basis underlying the 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 27, 1997

Case Number	Applicant	Address	Volume (gallons)	Refund Amount
RF272-79198	Emco Elevators, Inc. c/o Petroleum Funds, Inc.	P.O. Box 1386 Paris, TN 38242-9986	201,590	$ 323
RF272-79199	American Publishing or Petroleum Funds, Inc.	P.O. Box 1386 Paris, TN 38242-9986	265,080	424
RF272-79578	Louderback Transportation or McMickle & Edwards	P.O. Box 221145 Memphis, TN 38122	1,563,196	2,501
RF272-94343	MidState Supply Co., Inc. c/o R. L. Brinkerhoff	P.O. Box 1432, Alexandria, LA 71309	143,822	230
RF272-94384	H. D. Powell, Corp. c/o H. D. Powell	20 Pico Rd., Clifton Park, NY 12065	197,004	315
RF272-94601	Jansky Brothers, c/o Jos. Jansky	Rt. 4, Box 293 Hallettsville, TX 77964	84,123	135
RF272-94617	Anoka County Farm Svc. Coop c/o Charlotte Lalley	1427 Old Highway No. 8, New Brighton, MN 55112	19,406,442	31,050
RF272-94699	Farmers Union Oil Co. c/o Terry Dowling	P.O. Box 166, Draper, SD 57531	5,354,074	8,566
RG272-1044	Jansky Brothers, c/o Freddie Jansky	Rt. 4, Box 293, Hallettsville, TX 77964	84,123	135
TOTAL	9 Applicants		27,299,454	$43,679

(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.