[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13306]
[[Page Unknown]]
[Federal Register: June 1, 1994]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders; Week of April 4 Through April
8, 1994
During the week of April 4 through April 8, 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.
Requests for Exception
Christian County Farmers Supply Co., 4/7/94, LEE-0073
Christian County Farmers Supply Co. (CCFSC) 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 and was not experiencing a serious hardship
or gross inequity. Accordingly, exception relief was denied.
Decatur Cooperative Association, 4/5/94, LEE-0068
Decatur Cooperative Association (Decatur) 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 Decatur 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.
Minneola CO-OP, Inc., 4/6/94, LEE-0071
Minneola Co-op, Inc. (Minneola) filed an Application for Exception
from the Energy Information Administration (EIA) requirement that it
file Form EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum
Product Sales Report.'' In considering this request, the DOE found that
the firm was not suffering a gross inequity or serious hardship. On
February 15, 1994, the DOE issued a Proposed Decision and Order
determining that the exception request should be denied. No Notice of
Objection to the Proposed Decision and Order was filed within the
prescribed time period. Therefore, on April 6, 1994, the DOE issued the
Proposed Decision and Order in final form, denying Minneola's
Application for Exception.
Ranchers Supply, Inc. 4/7/94, LEE-0072
Ranchers Supply, Inc. (Ranchers Supply) filed an Application for
Exception from the Energy Information Administration (EIA) requirement
that it file Form EIA-782B, the ``Resellers'/Retailers' Monthly
Petroleum Product Sales Report.'' In considering this request, the DOE
found that the firm was not suffering a gross inequity or serious
hardship. On February 15, 1994, the DOE issued a Proposed Decision and
Order determining that the exception request should be denied. No
Notice of Objection to the Proposed Decision and Order was filed within
the prescribed time period. Therefore, the DOE issued the Proposed
Decision and Order in final form, denying Ranchers Supply's Application
for Exception.
Schaal Oil Co., 4/6/94, LEE-0069
Schaal Oil Co. (Schaal) 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 and was not experiencing a serious hardship or gross inequity.
Accordingly, exception relief was denied.
Star-Lite Propane Gas Corp., 4/8/94, LEE-0065
Star-Lite Propane Gas Corp. filed an Application for Exception from
the requirement that it file Form EIA-782B entitled ``Resellers'/
Retailers' Monthly Petroleum Product Sales Report.'' In considering the
request, the DOE found that the firm had failed to show that it
suffered any burden significantly different from similarly situated
reporting firms. Accordingly, exception relief was denied. The
important issue discussed in the Decision and Order was that at the
time it filed the Application, Star-Lite had not yet attempted to
complete the form. Therefore, its claims of hardship regarding the time
and effort needed to complete the form were speculative.
Motion for Reconsideration and/or Rescission
Energy Refunds, Inc., 4/5/94, LFR-0013
The DOE issued a Decision and Order concerning a Motion for
Reconsideration filed by Energy Refunds, Inc. (ERI). In its Motion, ERI
requested that the DOE terminate the ERI's disqualification from
representing refund applicants in OHA proceedings. See Energy Refunds,
Inc., 23 DOE 85,151 (1993); Energy Refunds, Inc., 23 DOE 85,076
(1993).
In considering ERI's Motion, the DOE noted ERI's expressed
commitment to accuracy in its submissions, as well as its proposed
remedial procedures which, if conscientiously implemented, would
prevent the repetition of the types of conduct for which it had been
disqualified. Based on ERI's representations, the DOE determined that
ERI should be reinstated, subject to OHA's further review of the firm's
implementation of the procedures in question. Accordingly, the Motion
for Reconsideration was granted.
Implementation of Special Refund Procedures
J.R. Cone, 4/5/94, LEF-0118
The DOE issued a final Decision and Order setting forth refund
procedures for distributing $610,000, plus accrued interest, in alleged
overcharges obtained from J. R. Cone (Cone). These funds were remitted
by Cone to the DOE pursuant to a Consent Order resolving possible price
violations with respect to sales of crude oil during the period
September 1, 1973 through December 31, 1976. The DOE determined that
the funds will be distributed in accordance with the DOE's Modified
Statement of Restitutionary Policy Concerning Crude Oil Overcharges
(MSRP). Under the MSRP, crude oil overcharge monies are divided among
the states (40%), the Federal Government (40%), and injured purchasers
of refined products (20%). In this case, $244,000, plus accrued
interest, was remitted to the states, $244,000, plus accrued interest,
was remitted to the Federal government, and $122,000, plus interest
accrued, has been reserved for direct restitution to injured purchasers
of petroleum products. Applications for Refund from this fund will now
be accepted. The specific information to be included in the
Applications for Crude Oil Refunds, which must be submitted by June 30,
1994, is included in the Decision.
Refund Applications
Donco Carriers, Inc., 4/5/94, RC272-234
The DOE issued a Decision and Order concerning an Application for
Refund submitted in the Subpart V crude oil refund proceeding by Donco
Carriers, Inc. This Decision adjusted the original refund granted to
Donco Carriers in the Decision and Order issued on November 30, 1993,
Donco Carriers, Inc. (Case No. RF272-78471). The original refund was
adjusted to account for subtracting owner-operator miles from the
gallonage claim and for recalculating the dollars to gallons conversion
using average annual prices for distillate fuel. Accordingly, this
Decision rescinded in part the original refund granted to Donco
Carriers, Inc. in Case No. RF272-78471.
Gulf Oil Corporation/Dennis Lee Lay, 4/6/94, RF300-21298
The DOE issued a Decision and Order concerning an Application for
Refund submitted in the Gulf Oil Corporation special refund proceeding
by Frances Carolyn Lee Perry on behalf of her ex-husband Dennis Lee
Lay. Ms. Perry applied for purchases of petroleum products made by her
ex-husband Mr. Lay when he operated a Gulf station during the refund
period. In addition to providing information that she and Mr. Lay
formed an economic unit and that she helped operate the station, Ms.
Perry also submitted a court order directing that the entire refund be
granted to her because of her ex-husband's delinquency on child support
payments. Based on these considerations, the DOE determined that the
entire refund should be granted to Ms. Perry.
Gulf Oil Corporation/Siegel Oil Co., 4/7/94, RF300-9356
Siegel Oil Company filed an application for Refund in the Gulf Oil
Corporation special refund proceeding. Siegel requested an above-
volumetric refund based on two alternative theories: 1) that Gulf's use
of a substitute supplier for Siegel violated the price and allocation
regulations, causing Siegel injury and 2) that Gulf's use of a
substitute supplier, even if lawful, caused Siegel to suffer injury
which should be remedied through the refund process. In considering
Siegel's Application, the DOE determined that Siegel had not made a
reasonable demonstration that Gulf committed a regulatory violation and
that, absent such a demonstration, there was no basis for an above-
volumetric refund. Finally, the DOE determined that Siegel was eligible
for a refund of $5,000 plus interest based on its indirect purchases of
Gulf product and the small claims injury presumption.
Texaco Inc./Todd's Texaco, 4/8/94, RR321-124
Barbara Todd, the owner of Todd's Texaco, filed a Motion for
Reconsideration of a Decision and Order that denied duplicate refund
applications that Mrs. Todd had filed in the Texaco refund proceeding.
Mrs. Todd stated that she had signed the second application, and
certified that no other application had been filed, because she had
asked her representative to cancel the first application. The DOE
granted the Motion, finding that Mrs. Todd's explanation for filing the
second application was credible. In considering Mrs. Todd's refund
claim, the DOE found that, as an indirect purchaser of Texaco motor
gasoline, she was eligible for a refund since her suppliers had not
shown that they absorbed the Texaco overcharges. The total amount of
the refund granted in this case was $1,828.
Texaco Inc./Tom's Texaco, 4/6/94, RR321-153
The DOE issued a Decision and Order denying a Motion for
Reconsideration filed on behalf of Tom's Texaco in the Texaco in
special refund proceeding. In this motion, Mr. Cirafici, owner of Tom's
Texaco, attempted to show that the refund granted to Tom's Texaco was
less than the refund for which Tom's Texaco is eligible. Mr. Cirafici
relied solely on his memory to formulate additional gallonage
estimates. The DOE found that Mr. Cirafici did not present sufficient
evidence to support his estimates and that therefore he had not
presented any new or overlooked information that would cause the DOE to
alter its previous decision. Accordingly, the Motion for
Reconsideration was denied.
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.
------------------------------------------------------------------------
Name Case No. Date
------------------------------------------------------------------------
Atlantic Richfield Company/D&B Arco et RF304-13386 04/07/94
al.
Bassett Mirror Co. et al.............. RF272-92000 04/08/94
Charter Oil Co./California............ RF23-266 04/08/94
California............................ RF3-267 .........
City of Richland, Missouri et al...... RF272-85395 04/07/94
Gulf Oil Corp./Beard's Gulf Service et RF300-20548 04/08/94
al.
Gulf Oil Corp./Blue Flame Gas Co. of RF300-19655 04/05/94
Polk County.
Blue Flame Gas Company................ RF300-21781 .........
Gulf Oil Corp./Eastern Express, Inc... RF300-21775 04/08/94
Gulf Oil Corp./WJT Oil................ RF300-16244 04/08/94
Livonia Public Schools et al.......... RF272-82146 04/06/94
McDowell County School District....... RF272-127 04/06/94
Talbot County School District et al... RF272-81295 04/06/94
Texaco Inc./Bill & Charlie's Texaco et RF321-7705 04/05/94
al.
Texaco Inc./Gallaway Texaco Truck Stop RF321-155 04/08/94
Texaco Inc./Hope Service Station, Inc. RF321-7486 04/05/94
et al.
Winston County School District........ RF272-80647 04/08/94
Midview Local School District......... RF272-80818 .........
Humboldt Community School............. RF272-81161 .........
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Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
Barberton City School District.................... RF272-82232
Betteroads Asphalt Corp........................... RF315-9162
Bill's ARCO....................................... RF304-12132
Cathedral City, CA................................ RF272-85581
Dave's Texaco..................................... RF321-8603
De Ruyter Central School.......................... RF272-93109
Downtown Texaco................................... RF321-992
Georgetown Schools................................ RF272-80039
Green Oil Corporation............................. RF304-12125
Greenwood Lake Union Free School District......... RR272-106
Hipolex Corporation............................... RF272-67876
M&M Shell Station................................. RF315-5215
Manley Texaco..................................... RF321-7175
Mike's Texaco & U-Haul............................ RF321-12604
Tri-State Homes, Inc.............................. RF272-92520
------------------------------------------------------------------------
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: May 25, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-13306 Filed 5-31-94; 8:45 am]
BILLING CODE 6450-01-P
