[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5261]


[[Page Unknown]]

[Federal Register: March 8, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders; Week of January 10 Through 
January 14, 1994

    During the week of January 10 through January 14, 1994, the 
decisions and orders summarized below were issued with respect to 
appeals and applications for 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.

Appeal

Marlene Flor, 1/11/94; LFA-0343

    Marlene Flor (Flor) filed an Appeal from a determination issued to 
her by the Albuquerque Field Office (AFO) of the Department of Energy 
(DOE). The determination denied a Request for Information which Flor 
submitted under the Freedom of Information Act. Flor requested a three 
page document allegedly transmitted with a facsimile cover sheet dated 
April 22, 1992. Additionally, Flor requested a copy of any analyses 
which had been created regarding an anonymous letter the Personnel 
Security Operations Division of the AFO received on or about April 12, 
1991. In its determination letter, the AFO stated that it could not 
find any document which may have been attached to the facsimile cover 
sheet. Additionally, the AFO stated that only one analysis had been 
created regarding the anonymous letter and it had already been provided 
to Flor. In considering the Appeal, the DOE found that an adequate 
search had been conducted in response to Flor's request. Accordingly, 
Flor's Appeal was denied.

Implementation of Special Refund Procedures

A-1 Exxon, Half-Moon Bay Exxon, Redhill Mobil & Towing, 1/13/94; LEF-
0086, LEF-0087, LER-0088

    The DOE issued a Decision and Order implementing special refund 
procedures to distribute $10,089.18, plus interest, which A-1 Exxon, 
Half-Moon Bay Exxon, and Redhill Mobil & Towing (the remedial order 
firms) remitted to the DOE pursuant to March 8, 1982 (for A-1 Exxon and 
Half-Moon Bay Exxon) and March 29, 1982 for Redhill Mobil & Towing) 
Remedial Orders. The DOE determined that it would distribute the fund 
in two stages. In the first stage, the DOE will accept applications for 
refund from those claiming injury as a result of the remedial order 
firms' violations of Federal petroleum pricing regulations. If any 
funds remain after meritorious claims are paid in the first stage, they 
will be used for indirect restitution through the States in accordance 
with the provisions of the Petroleum Overcharge Distribution and 
Restitution Act of 1986.

Buchanan Shell, Inc., Jim Campbell Shell, Miles Union Service, Elwood 
Chevron Service, 1/13/94; LEF-0081, LEF-0082, LEF-0083, LEF-0085

    The DOE issued a Decision and Order implementing special refund 
procedures to distribute $5,784.33, plus accrued interest, which 
Buchanan Shell, Inc., Jim Campbell Shell, Miles Union Service, and 
Elwood Chevron Service (the consenting firms) remitted to the DOE 
pursuant to settlements reached on August 25, 1982, August 2, 1982, 
April 11, 1982, and March 25, 1992, respectively. The DOE determined 
that it would distribute the funds in two stages. In the first stage, 
the DOE will accept applications for refund from those claiming injury 
as a result of the consenting firms' alleged violations of Federal 
petroleum pricing regulations. If any funds remain after meritorious 
claims are paid in the first stage, they will be used for indirect 
restitution through the States in accordance with the provisions of the 
Petroleum Overcharge Distribution and Restitution Act of 1986.

Refund Applications

Clark/Tri-Par Oil Co. Inc., 1/12/94; RF342-8

    The DOE issued a Decision and Order concerning an Application for 
Refund filed on behalf of Tri-Par Oil Co., Inc., (Tri-Par) in the Apex 
Oil Co./Clark Oil & Refining Corp. (Clark) special refund proceeding. 
Tri-Par was an independent retailer/seller of refined petroleum 
products and an occasional purchaser of Clark products during the 
refund period. Tri-Par was initially identified as a spot purchaser due 
to its sporadic purchases of Clark product. However, Tri-Par submitted 
additional evidence to show that it had consistently purchased gasoline 
from three primary suppliers, one of which was Clark. Tri-Par 
experienced difficulty in obtaining petroleum products, and for much of 
the refund period limited gasoline sales to its base period customers. 
In 14 of the 19 months when Tri-Par relied on Clark supplies, Clark's 
prices were, on average, 18.4% higher than those of the other 
suppliers. These factors indicated that Tri-Par did not make selective, 
discretionary purchases from Clark on the spot market. Tri-Par was 
considered a regular purchaser of Clark gasoline during the period from 
August 1973 to June 1976. Accordingly, Tri-Par was granted a principal 
refund of $1,207. However, the DOE received no evidence that the 
distillates which Tri-Par obtained from Clark were not purchased on a 
spot or discretionary basis. Thus, the DOE did not grant Tri-Par a 
refund for those purchases.

Texaco Inc./Ciruli Oil Company, 1/13/94; RR321-11

    The DOE issued a Decision and Order concerning a Motion for 
Reconderation filed Ciruli Oil Company. The DOE had previously denied 
two duplicate Applications for Refund filed by the firm, because its 
owner, Mr. Ciruli, had wrongly stated on one application that he had 
not filed any other application in the Texaco proceeding. The DOE found 
that Mr. Ciruli was confused by the multiple application forms that he 
had received from two filing services. The DOE concluded that he did 
not intend to file duplicate applications. Consequently, the DOE 
granted the Motions for Reconsideration and approved a refund.

Texaco Inc./State Oil Company, 1/13/94; RF321-8105, RF321-8106

    The DOE issued a Decision and Order in the Texaco Inc. refund 
proceeding concerning two Applications for Refund filed by State Oil 
Company on behalf of two Texaco retail outlets that it operated. Both 
of these outlets purchased Texaco products indirectly through Texaco 
jobbers. One outlet purchased from McWhirter Distributing (McWhirter) 
and the other from Cook & Cooley, Inc. (C&C). The DOE explained that 
where the supplier who purchased directly from Texaco has not 
demonstrated that it absorbed any of the Texaco overcharges, customers 
of that supplier are entitled to refunds under the procedures used for 
direct purchasers. The DOE noted that McWhirter did not claim to have 
absorbed Texaco's overcharges in its refund application. Accordingly, 
the DOE granted a refund to the outlet supplied by McWhirter based upon 
that outlet's full purchase volume from that supplier.
    C&C in its refund application had demonstrated that it absorbed all 
of Texaco's overcharges for its purchases of premium and unleaded 
gasoline, and 58 percent of its purchases of regular gasoline. 
Accordingly, the DOE found that the outlet which purchased from C&C was 
entitled only to a refund based upon 42 percent of its regular gasoline 
purchases.

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/Brenfleck   RF304-13741.........     01/13/94
 Fuel Co. et al.                                                        
Atlantic Richfield Company/Lew &       RF304-4888..........     01/13/94
 Ben's Arco Service et al.                                              
Central A & M Community Unit District  RF272-79514.........     01/12/94
Central Motor Express, Inc...........  RF272-75995.........     01/10/94
Farmers Cooperative Co. et al........  RF272-91283.........     01/14/94
Gulf Oil Corporation/Bergeron Oil      RF300-19550.........     01/10/94
 Service, Inc et al.                                                    
Gulf Oil Corporation/C.J. Meade &      RF300-18470.........     01/12/94
 Sons, Inc.                                                             
Gulf Oil Corporation/Carolina Mills,   RF300-20020.........     01/13/94
 Inc et al.                                                             
Gulf Oil Corporation/Ramco Oil Co.,    RF300-20719.........     01/14/94
 Inc.                                                                   
Town & Country Service Station Inc...  RF300-20902.........  ...........
Gulf Oil Corporation/Val Cap, Inc....  RF300-20693.........     01/12/94
John Swett Unified School District et  RF272-80630.........     01/14/94
 al.                                                                    
Knott County Board of Educa. Elgin     RF272-79433, RF272-      01/14/94
 Local School District.                 83294.                          
New Bedford Seafood Co-Operative       RF272-87692.........     01/11/94
 Assoc., Inc.                                                           
Oneida County, New York et al........  RF272-77310.........     01/14/94
Prather's Linen & Uniform Service....  RC272-223...........     01/11/94
Preble-Shawnee Local School District.  RF272-83361.........     01/10/94
Shell Oil Company/301 Shell..........  RF315-8780..........     01/14/94
Shell Oil Company/Airport Terminal     RF315-9408..........     01/14/94
 Services, Inc.                                                         
Midcoast Aviation, Inc...............  RF315-9418..........  ...........
Shell Oil Company/Red Carpet Car Wash  RF315-10003.........     01/11/94
St. Peter's Church and School........  RC272-224...........     01/14/94
Texaco Inc./Chandler & Martin Texaco.  RF321-18934.........     01/14/94
Texaco Inc./Phil's Texaco Service et   RF321-14207.........     01/14/94
 al.                                                                    
The Transport Co. of Texas et al.....  RF272-80029.........     01/11/94
Village of Milford, Michigan et al...  RF272-88157.........     01/10/94
Whirlpool Corporation................  RR272-119...........     01/11/94
                                                                        

DISMISSALS

    The following submissions were dismissed: 

------------------------------------------------------------------------
                       Name                               Case No.      
------------------------------------------------------------------------
Allenstown School District........................  RF272-81612         
Allied Supermarkets...............................  RF321-5517          
Beacon Distributing of Tulare County..............  RF238-137           
Beacon Merced.....................................  RF238-130           
Blackburn Service Station.........................  RF321-17982         
Carsonville-Port Sanilac SD.......................  RF272-80389         
Cedar Grove-Belgium Area Schools..................  RF272-83556         
Chinigois Service.................................  RF321-17976         
Commodity Warehouse...............................  RF321-16092         
Dollarway School District.........................  RF272-81348         
Duke & Lee's......................................  RF321-17831         
Dunn's Texaco.....................................  RF321-14279         
Esser's Texaco....................................  RF321-17979         
Francis Sales & Service...........................  RF315-309           
Funari Texaco Service.............................  RF321-17986         
Harrod Concrete & Stone Co........................  RF272-91429         
Heard Texaco......................................  RF321-14667         
Ideal Basic Industries............................  RF321-5535          
Kautzman Service..................................  RF321-17978         
Koenig Company....................................  RF272-91430         
Lafourche Parish School Board.....................  RF272-81486         
Lew's Arco........................................  RR304-61            
Milne-Kelvin Grove School District 91.............  RF272-81713         
Mountain Gulf.....................................  RF300-14218         
Nabors Texaco Service.............................  RF321-17991         
Necanicum Truck Stop..............................  RF321-14603         
North Jensen Texaco...............................  RF321-14800         
Oak Park Elementary School District 97............  RF272-83354         
Ollie R. Brest Texaco.............................  RF321-5579          
One Stop Gulf.....................................  RF300-19396         
Orlando Perea.....................................  RF321-13791         
Randall Bros......................................  RF300-19127         
Redding Petroleum, Inc............................  RF238-131           
Romarco Corp......................................  RF272-91326         
Salami's Truck Center.............................  RF321-17995         
Salyer Texaco.....................................  RF321-13814         
Sedalia Texaco & Grocery..........................  RF321-17977         
Tri-Service Company, Inc..........................  RF300-14317         
Wenona Community Unit School District 1...........  RF272-81734         
Yachats Texaco....................................  RF321-19992         
------------------------------------------------------------------------

    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 1, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-5261 Filed 3-7-94; 8:45 am]
BILLING CODE 6450-01-P