[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:

------------------------------------------------------------------------
                         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