Case No. RK272-03407

June 30, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Cases: F. Hurlbut Co. Liquidating Partnership, et al.

Dates of Cases: March 5, 1996, et al.

Case Numbers: RK272-03407, et al.

Pursuant to the long-standing policy of the Department of Energy (DOE), thousands of purchasers of petroleum products have applied for, and been granted, refunds from crude oil overcharge funds under the jurisdiction of the DOE’s Office of Hearings and Appeals (OHA). See Statement of Modified Restitutionary Policy To Be Implemented In Crude Oil Cases, 51 Fed. Reg. 27899 (August 4, 1986). The standards for considering Applications for Refund from these crude oil funds are set forth at 10 C.F.R. Part 205, Subpart V.

The OHA has approved more than 87,000 requests for refund from the pool of crude oil overcharge funds. In Subpart V crude oil refund cases, a claimant is generally eligible for a refund equal to the number of gallons of eligible refined petroleum products it purchased during the period from August 19, 1973 through January 27, 1981, multiplied by a per gallon amount. That per gallon refund amount is derived by dividing the total refund monies available by the total U.S. consumption of petroleum products during the crude oil price control period. Refunds had been calculated by multiplying the number of gallons of eligible refined petroleum products purchased by the applicant by $0.0008 (the volumetric factor). That volumetric factor had been in use since April 1989, when it replaced an earlier volumetric factor of $0.0002 per gallon. Any applicant who received a refund at the lower volumetric factor also received a supplemental refund based on an additional $0.0006 per gallon. See Crude Oil Supplemental Refund Distribution, 18 DOE ¶ 85,878 (1989).

Additional crude oil overcharge funds have become available for disbursement and we can now issue additional refund checks to applicants. Sufficient funds are available to pay applicants at a new, aggregate rate of $0.00016 per gallon. (1) Thus, the amount of the supplemental refund will be equal to the refund already received. Refunds are rounded to the nearest dollar.

In order to receive a supplemental refund check, applicants are being required to verify (directly or through their representatives) that their name and address in our records are correct, to correct any

information that is not accurate, and to indicate whether there has been any change in circumstances affecting the payment of the refund. We intend to issue a series of Decision and Orders approving supplemental refunds as we receive completed verification forms from all applicants or certifications from their representatives.

The Appendix to this Decision and Order contains the names and addresses of a group of recipients receiving these supplemental refund checks. In each case, we were informed that there had been a change of circumstances since the previous refund was disbursed. Accordingly, we set up a new case file (designated RK272-) (2) and investigated whether the individual or firm that submitted the verification form (or on whose behalf the form was submitted) was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that the parties listed in the Appendix are the proper recipients of those supplemental refunds. The Appendix also indicates the dollar amount of the supplemental refund for each applicant. The total amount of additional refunds being approved in this Order for the benefit of 10 recipients is $71,399.

It Is Therefore Ordered That:

(1) 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 supplemental refund to each Crude Oil Refund Recipient set forth in the Appendix to this Order.

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of Treasury.

(3) To facilitate the payment of future refunds, an applicant 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

Washington, D.C. 20585-0107

(4) Any conditions imposed that applied to an applicant’s receipt of the initial crude oil refund shall also apply to that applicant’s receipt of this supplemental refund.

(5) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: June 30, 1997

(1)We are now paying first-time crude oil refund recipients at the volumetric rate of $0.0016 per gallon.

(2)The new case number, RK272-, replaces the case number (designated RF272-) which had formerly been assigned to each application. For all future purposes, the application will be known by the new case number.

Appendix

CASE NO.	APPLICANT	CONTACT/FIRM	STREET ADDRESS	CITY/STATE	VOLUME	REFUND	RF NUM
RK272-03407	F. HURLBUT CO. LIQUIDATING	C/O FREDERICK BENNETT	2130 FOXFIELD COURT	DE PERE, WI 54115	741,666	$593	RF272-59447
RK272-03877	MARSHALL COLD STORAGE	C/O WILLIAM WELP	110 W. SOUTHRIDGE RD.; POB 555	MARSHALLTOWN, IA 50158	3,051,567	$2,441	RF272-32279
RK272-03899	HOWMET CORP.	C/O GARY J. ZAKRZESKI	9 ROY ST	DOVER, NJ 078014308	7,083,298	$5,667	RF272-43756
RK272-03916	U.S. WEST COMMUNICATIONS INC.	OR U.S. WEST, INC. C/O DEBBIE ANGEL	1801 CALIFORNIA ST., #2950	DENVER, CO 80202	57,063,142	$45,651	RF272-62527
RK272-03924	WILLARD C. RUSK		2904 27TH AVE., DRIVE W.	BRADENTON, FL 342053717	2,388,289	$1,911	RF272-44534
RK272-03948	DONNA M.E. WALKER		P.O. BOX 581	JOHNSON, KS 67855	285,820	$229	RF272-45822
RK272-03949	MEARL H. GIFFORD		2831 27TH ST., S.W.	FARGO, ND 58103	309,920	$248	RF272-57155
RK272-03972	ROBERT W. LADEHOFF		5059 N. 83RD ST.	SCOTTSDALE, AZ 85250	1,323,051	$1,058	RF272-53820
RK272-03982	COOK COMPOSITES & POLYMERS	C/O DANIEL HEBLE	P.O. BOX 419389	KANSAS CITY, MO 641416389	1,600,922	$1,281	RF272-54947
RK272-03990	NAKNEK ELECTRIC ASSN., INC.	C/O MEERA KOHLER	P.O. BOX 118	NAKNEK, AK 99633	3,650,604	$2,920	RF272-50558
Totals:	10				77,498,279	$61,999

Last Updated on 7/18/97
By OHA