[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6826]
[[Page Unknown]]
[Federal Register: March 23, 1994]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders by the Office of Hearings and
Appeals; Week of January 31 Through February 4, 1994
During the week of January 31 through February 4, 1994 the
decisions and orders summarized below were issued with respect to
applications for exception or other relief filed with the Office of
Hearings and Appeals of the Department of Energy. The following summary
also contains a list of submissions that were dismissed by the Office
of Hearings and Appeals.
Applications for Exception
Bollmann Oil Inc., 02/03/94; LEE-0061
Bollmann Oil Inc. (Bollmann) filed an Application for Exception
from the provisions of the Energy Information Administration (EIA)
reporting requirements in which the firm sought relief from filing Form
EIA-782B, entitled ``Resellers'/Retailers' Monthly Petroleum Product
Sales Report.'' In considering the request, the DOE found that Bollmann
was not adversely affected by the reporting burden in a way that is
significantly different from the burden borne by similar reporting
firms. Therefore, it could not be granted relief from filing.
Accordingly, exception relief was denied.
Van Dyke Gas Co., 02/03/94; LEE-0058
Van Dyke Gas Company (Van Dyke) filed an Application for Exception
from the provisions of the Energy Information Administration (EIA)
reporting requirements in which the firm sought relief from filing Form
EIA-782B, entitled ``Resellers'/Retailers' Monthly Petroleum Product
Sales Report.'' The DOE determined that Van Dyke did not meet the
standards for exception relief because it was not experiencing a
serious hardship or gross inequity as a result of the reporting
requirements. Accordingly, exception relief was denied.
Walker Sims Oil Co., Inc., 02/03/94; LEE-0057
Walker Sims Oil Co., Inc. (Walker Sims), filed an Application for
Exception from the provisions of the Energy Information Administration
(EIA) reporting requirements in which the firm sought relief from
filing Form EIA-782B, entitled ``Resellers'/Retailers' Monthly
Petroleum Product Sales Report.'' In considering the request, the DOE
found that the firm was not adversely affected by the reporting burden
in a way that is significantly different from the burden borne by
similar reporting firms. Therefore, it could not be granted relief from
filing. Accordingly, exception relief was denied.
Refund Applications
Acme Steel Co., 02/01/94; RF272-45165; RD272-45165
The DOE issued a Decision and Order granting an Application for
Refund filed by Acme Steel Company (Acme), a producer of steel and
steel products, in the Subpart V crude oil refund proceeding. A group
of States and Territories (States) objected to the application on the
grounds that the applicant was able to pass through increased petroleum
costs to its customers. In support of their objection, the States cited
increases in Acme's sales and earnings from 1973 to 1974. In addition,
the States submitted an affidavit of an economist stating that, in
general, the steel industry was able to pass through increased
petroleum costs. The DOE determined that the evidence offered by the
States was insufficient to rebut the presumption of end-user injury and
the applicant should receive a refund. The DOE also denied the States'
Motion for Discovery, finding that discovery was not warranted where
the States had not presented evidence sufficient to rebut the
applicant's presumption of injury. In addition, the DOE found that the
petroleum coke purchased by Acme originated in a crude oil refinery and
was purchased from a reseller who did not substantially change its
form. Therefore these purchases were found to be eligible for a crude
oil refund. The refund granted to the applicant in this Decision was
$75,035.
Lou-Jak Trucking Service, 02/03/94; RC272-226
The DOE issued a Supplemental Order concerning an Application for
Refund filed by Wilson, Keller and Associates (WKA) on behalf of Lou-
Jak Trucking Service (Lou-Jak) (Case No. RF272-91757). Lou-Jak was
granted a refund in Linston Inc., Case Nos. RF272-91500 et al. (January
3, 1994). After that decision was issued, WKA informed the DOE that a
substantial portion of Lou-Jak's gallonage claim was based upon
purchases made by the owner-operators of vehicles whose services were
rented by Lou-Jak. WKA stated that the owner-operators, not Lou-Jak,
purchased this fuel. Accordingly, the DOE rescinded the portion of Lou-
Jak's refund that was based on the purchases made by the owner-
operators.
Texaco Inc./Burlington Northern Railroad; Dairymen, Inc. 02/04/94;
RF321-8232; RF321-8353
The DOE issued a Decision and Order in the Texaco Inc. refund
proceeding concerning Applications for Refund filed by Burlington
Northern Railroad and Dairymen, Inc. Both of these applicants had
purchased some of their Texaco products through retail outlets at
locations nationwide. The applicants attempted to estimate the amount
of product purchased through retail outlets using their total cost as
reflected in Texaco credit card payments. The DOE found that the
applicants were entitled to refunds based upon their retail purchases,
but that their estimates were flawed because they used inappropriate
per gallon costs in converting purchase costs to purchase volumes. The
DOE calculated, for each year of the refund period, a nationwide
average retail price for branded motor gasoline, and used those selling
prices to calculate the applicants' purchase volumes. The applicants
were granted refunds based upon both their direct Texaco purchases and
their purchases through retail outlets. The refunds granted in this
Decision and Order total $401,962 ($291,340 in principal plus $110,622
in interest).
Texaco Inc./Fairwood Texaco, 02/03/94; RF321-20044
The DOE issued a Supplemental Order concerning an Application for
Refund filed by Robert West on behalf of Fairwood Texaco (Case No.
RF321-9165). Fairwood Texaco was granted a refund in Texaco Inc./Gaeta
Brothers Oil, Inc. Case Nos. RF321-6560 et al. (September 28, 1993).
The DOE received another application on behalf of Fairwood Texaco filed
by Robert Brisendine (Case No. RF321-16546). Mr. Brisendine claimed and
documented ownership dates that overlapped with those claimed by Mr.
West. In response to a request for documentation of his ownership
dates, Mr. West informed the DOE that Mr. Brisendine's dates of
ownership were correct. Accordingly, the DOE rescinded a portion of Mr.
West's refund.
Refund Applications
The Office of Hearings and Appeals issued the following Decisions
and Orders concerning refund applications, which are not summarized.
Copies of the full texts of the Decisions and Orders are available in
the Public Reference Room of the Office of Hearings and Appeals.
Aaron Cope Trucking et al................................................. RF272-75969 02/04/94
Atlantic Richfield Company/Fun Time, Inc. et al........................... RF304-13257 02/03/94
Atlantic Richfield Company/Grafco Petroleum et al......................... RF304-14002 02/04/94
Atlantic Richfield Company/R.L. Douglas & Sons et al...................... RF304-14401 02/04/94
Freeborn Cnty Co-op Oil Co................................................ RF272-88694 01/31/94
Farmers Union Oil Company................................................. RF272-88726
Gulf Oil Corporation/Colony West Gulf et al............................... RF300-20067 02/01/94
Gulf Oil Corporation/Jackson Asphalt & Concrete Co. Inc. et al............ RF300-20628 02/04/94
Gulf Oil Corporation/Leroy Smith Gulf Serv. Station et al................. RF300-15695 02/01/94
Gulf Oil Corporation/Val Cap, Inc......................................... RF300-21771 01/31/94
Southside Imports, Inc. et al............................................. RF272-90654 01/31/94
St. Boniface Martyr et al................................................. RF272-77631 02/03/94
Texaco Inc./Fred's Texaco et al........................................... RF321-19030 02/01/94
Texaco Inc./Glen Oaks Texaco et al........................................ RF321-16995 02/04/94
Texaco Inc./Rollins Oil Co................................................ RF321-20133 02/04/94
Texaco Inc./Transit Truck Stop, Inc....................................... RF321-19033 02/03/94
J.W. Lyles, Inc........................................................... RF321-19034
Valley View Medical Center et al.......................................... RF272-85111 01/31/94
Waukee Community School District et al.................................... RF272-80014 02/04/94
West Genesee Central School District et al................................ RF272-87341 02/04/94
Dismissals
The following submissions were dismissed:
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Name Case No.
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Anacortes Van & Storage............................... RF321-19231
Blessed Sacrament Church.............................. RF272-77778
D&H Trading........................................... RF340-107
Energy Advisors, Inc.................................. RF340-90
Hodges' Texaco........................................ RF321-19134
Lake Air Texaco #1.................................... RF321-6477
Lehman's Airport Texaco............................... RF321-14799
Luci Petroleum, Inc................................... RF340-92
Main Shell Service Center............................. RF315-8357
McNary's Texaco #2.................................... RF321-11620
Sacred Heart.......................................... RF272-77730
St. Edward Confessor Parish........................... RF272-77808
St. Teresa of Avila................................... RF272-77775
Wackenhut Services, Inc............................... LWA-0004
White Hall Texaco..................................... RF321-14285
Winey's Texaco........................................ RF321-11362
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Copies of the full text of these decisions and orders are available
in the Public Reference Room of the Office of Hearings and Appeals,
room 1E-234, Forrestal Building, 1000 Independence Avenue, SW.,
Washington, DC 20585, Monday through Friday, between the hours of 1
p.m. and 5 p.m. except federal holidays. They are also available in
Energy Management: Federal Energy Guidelines, a commercially published
loose leaf reporter system.
Dated: March 16, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-6826 Filed 3-22-94; 8:45 am]
BILLING CODE 6450-01-P
