[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Pages 48677-48679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23629]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders Week of May 1 through
May 5, 1995
During the week of May 1 through May 5, 1995, the decisions and
orders summarized below were issued with respect to appeals,
applications, petitions, or other requests 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.
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, S.W.,
Washington, D.C. 20585-0107, Monday through Friday, between the hours
of 1:00 p.m. and 5:00 p.m., except federal holidays. They are also
available in Energy Management: Federal Energy Guidelines, a
commercially published loose leaf reporter system. Some decisions and
orders are available on the Office of
[[Page 48678]]
Hearings and Appeals World Wide Web site at http://www.oha.doe.gov.
Dated: August 28, 1996.
Thomas O. Mann,
Acting Director, Office of Hearings and Appeals.
Refund Applications
Aluminum Company of America, 5/4/95, RR272-197
The Aluminum Company of America (Alcoa) applied for a crude oil
overcharge refund based on its purchases of calcined petroleum coke
from non-refiners. The DOE pointed out that in order to be eligible for
a refund, petroleum products must be either covered by regulations
promulgated pursuant to the EPAA, purchased from a refiner, or from a
reseller that has not substantially changed the product. Since calcined
petroleum coke was not a product covered by EPAA regulations, and Alcoa
did not purchase it from a refiner, the product did not meet either of
the first two tests. The DOE then found that turning green coke into
calcined coke substantially changes green petroleum coke. Accordingly,
the DOE found that the calcined coke that Alcoa purchased did not meet
the third test. The DOE concluded that Alcoa's calcined petroleum coke
purchased from non-refiners did not constitute a product eligible for a
refund in the crude oil overcharge refund proceeding. The application
was therefore denied.
Atlantic Richfield Company/ Ford Motor Company, Ford Tractor
Operations, 5/5/95, RF304-14123; RF304-12217
Applications were filed in the ARCO special refund proceeding by
Ford Motor Company and Ford Tractor Operations for purchases made under
the name Ford Tractor Operations. The DOE found that Ford Tractor
Operations was an unincorporated subdivision of Ford Motor Company at
the time it was sold and that the sale did not transfer the right to
the ARCO refund to the new owner. Accordingly, the application filed by
Ford Motor Company was granted and that filed by Ford Tractor
Operations was denied.
Crude Oil Supplemental Refund Distribution, 5/5/95, RB272-00001
The DOE issued the first Decision and Order in connection with the
second supplemental refund distribution of a portion of the DOE's crude
oil funds. In that Decision and Order, the DOE granted 20 crude oil
supplemental refunds at a per gallon volumetric rate of $0.0008.
Fryman's Gas Sales & Service, et al., 5/4/95, RF272-62414, et al.
The DOE issued a Decision and Order concerning eight Applications
for Refund submitted in the Subpart V crude oil refund proceeding by
eight propane resellers. In an attempt to prove injury, the applicants
submitted their ``banks'' of unrecovered product costs, testimony by
Dr. Peter Linneman given at the Stripper Well hearing, a report by Dr.
Linneman concerning the absorption of crude oil cost increases in the
liquid propane gas industry, and another report by Dr. Linneman
concerning the Texas and Oklahoma regional propane prices related to
crude oil price increases. The DOE determined that these submissions
did not demonstrate that the applicants were injured by crude oil
overcharges. Accordingly, the DOE denied these eight applicants.
National Helium Corp./Oregon, Time Oil Company/Oregon, Coline Gasoline
Corp./Oregon, Belridge Oil Company/Oregon, Perry Gas Processors/Oregon,
Palo Pinto Oil and Gas/Oregon, 5/5/95, RQ3-591; RQ334-592; RQ2-593;
RQ8-594; RQ183-595; RQ5-596
The DOE issued a Decision and Order granting a second-stage refund
application filed by the State of Oregon and modifying the standard
that will be used to evaluate future second-stage refund applications.
Under the new standard adopted in this Decision, the DOE will evaluate
applications for second-stage funds according to the same criteria that
govern the use of Stripper Well and other crude oil overcharge monies.
Those criteria are set forth in the Stripper Well Settlement Agreement
and DOE's Modified Statement of Restitutionary Policy in Crude Oil
Cases. Oregon requested a total of $1,618,480 in principal and interest
allocated to it in the National Helium Corp., Time Oil Company, Coline
Gasoline Corp., Belridge Oil Company, Perry Gas Processors, and Palo
Pinto Oil and Gas special refund proceedings to fund three energy
conservation programs. The first program will use $500,000 to implement
telecommuting programs in one densely populated region in Oregon and to
encourage the expansion of telecommuting state-wide. The second program
will allocate $578,184 to provide weatherization assistance and other
energy-conservation measures for low-income homes. The DOE found that
the telecommuting and weatherization assistance programs would provide
timely restitutionary benefits to injured consumers of refined
petroleum products. In accordance with prior Decisions approving
similar second-stage proposals, the DOE approved both programs.
Oregon's third proposal will use $540,296 to fund energy-saving
measures in public buildings. Although this type of program has
previously been rejected in second-stage proceedings, the DOE found
that Oregon's Public Buildings Energy Savings Program was acceptable
under the new standard. Accordingly, Oregon's second-stage refund
applications were granted.
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.
ATLANTIC RICHFIELD COMPANY/AL'S AUTO SUPPLY ET AL........ RF304-13340 05/03/95
FCS INDUSTRIES, INC...................................... RF272-89010 05/03/95
FREIGHT CONSOLIDATED SERVICE............................. RF272-97246
GULF OIL CORPORATION/AVANTI GULF......................... RF300-18749 05/04/95
GULF OIL CORPORATION/DOW BADISCHE COMPANY................ RF300-20049 05/05/95
BASF WYANDOTTE CHEMICALS................................. RF300-20302
TEXACO INC./D & R TEXACO, INC. ET AL..................... RF321-17187 05/04/95
TEXACO INC./MIKE'S TEXACO ET AL.......................... RF321-12639 05/03/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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A.G. HOLLEY STATE HOSPITAl................... RF272-88875
ALBANY CITY UNIFIED SCHOOL DISTRICT.......... RF272-88843
[[Page 48679]]
ALLING & CORY PAPER.......................... RF272-92101
BEST CANDLES OF FLORIDA...................... RF321-20326
BROKEN BOW TEXACO............................ RF321-20733
CITY OF BOLIVAR.............................. RF272-88844
CITY OF CHICO................................ RF272-88545
CITY OF GULFPORT............................. RF272-88880
CITY OF RUSSELLVILLE......................... RF272-88058
CLAY CENTER PUBLIC SCHOOLS................... RF272-88190
D&T TEXACO................................... RF321-17158
EDGEFIELD COUNTY............................. RF272-88929
EMBRY HILLS TEXACO........................... RF321-20118
FLORIDA CITY................................. RF272-88845
FLORIDA HOSPITAL............................. RF272-88662
FLORIDA STATE HOSPITAL....................... RF272-88717
G. PIERCE WOOD MEMORIAL HOSPITAL............. RF272-88663
K & E WHISTLE STOP........................... RF304-14188
LOCKHEED ENVIRONMENTAL SYSTEMS AND VWA-0001
TECHNOLOGIES COMPANY.
NORTHEAST FLORIDA STATE HOSPITAL............. RF272-88652
PAUL ROYBAL TEXACO........................... RF321-20626
RALPH WATSON OIL COMPANY..................... RF304-14990
SIKESTON R VI................................ RF272-88735
SOUTH FLORiDA STATE HOSPITAL................. RF272-88674
SPRINGFIELD TWP SCHOOL DISTRICT.............. RF272-88852
Yah Ta Hey Texaco............................ RF321-18009
Yellowstone Motel & Texaco................... RF321-20077
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[FR Doc. 96-23629 Filed 9-13-96; 8:45 am]
BILLING CODE 6450-01-P
