[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7880]


[[Page Unknown]]

[Federal Register: April 4, 1994]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals

 

Issuance of Decisions and Orders; Week of January 3 Through 
January 7, 1994

    During the week of January 3 through January 7, 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.

Request for Exception

Fletcher & Associates, Ltd, 1/7/94, LEE-0051

    Fletcher & Associates, Ltd. (Fletcher) filed an Application for 
Exception from the provision of filing Form EIA-782B, entitled 
``Reseller/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. Thus, 
Fletcher did not demonstrate that it is experiencing serious hardship 
or gross inequity. Moreover, since the firm is a ``certainty firm,'' it 
could not be granted relief from filing. Accordingly, exception relief 
was denied.

Refund Applications

Atlantic Richfield Company/Land O'Lakes, Inc., 1/3/94, RF304-8934, 
RF304-15436

    The DOE issued a Decision and Order granting an Application for 
refund filed by Land O'Lakes, Inc. (Land O'Lakes) in the Atlantic 
Richfield Company Subpart V special refund proceeding. In order to 
qualify for a refund based upon the ARCO products sold to its member-
patrons, cooperatives such as Land O'Lakes need only document their 
purchases from ARCO and certify that any refunds will be passed along 
to its member-patrons. However, in 1987, Land O'Lakes transferred all 
of its petroleum supply business to Farmers Union Central Exchange, 
Inc. (CENEX). As Land O'Lakes no longer serves its former petroleum 
patrons, the DOE determined that CENEX'S existing patronage system is 
the best available mechanism to distribute refund monies to former Land 
O'Lakes patrons. CENEX has certified that it will notify its Board of 
Directors of any refunds that are obtained by CENEX in the ARCO 
proceeding as a result of the Application filed by Land O'Lakes. CENEX 
has also certified that it will then distribute those refunds to its 
patrons in accordance with its established patronage dividends systems. 
The DOE determined that Land O'Lakes and CENEX had met the requirements 
applicable to a cooperative for a full volumetric refund and granted 
CENEX a refund of $40,156.
    In addition, the DOE granted Land O'Lakes a reseller refund of 
$3,826 based on its purchases of 7,505,261 gallons of ARCO products it 
sold to non-members.

Stanley Furniture Company, 1/5/94, RF272-57523

    The DOE issued a Decision and Order concerning an Application for 
Refund filed on behalf of Stanley Furniture Company in the crude oil 
special refund proceeding being disbursed by the DOE under 10 CFR part 
205, Subpart V. The DOE determined that the refund claim was 
meritorious and granted a refund of $2,948. In granting the 
Application, the DOE determined that ``finishing material'' was not a 
covered product and, therefore, not eligible for a refund because it 
was not purchased from a refinery. Stanley's claim was reduced by the 
amount of gallons claimed for ``finishing material.''

Texaco Inc./Bryan Texaco Station, 1/7/94, RF321-20013

    The DOE issued a Supplemental Order concerning an Application for 
Refund filed by Petroleum Funds, Inc. (PFI) on behalf of Bryan Texaco 
Station and Herman Hudson. Bryan Texaco Station was granted a refund in 
Texaco Inc./Harley's Texaco, Case No. RF321-340. (October 9, 1991). The 
DOE received another Application on behalf of Bryan Texaco Station 
filed by Bill Wilfong. Mr. Wilfong claimed and documented ownership 
dates that overlapped with those claimed by Mr. Hudson. In response to 
a request for documentation of Mr. Hudson's ownership dates, PFI 
informed the DOE that Mr. Hudson did not own Bryan Texaco Station 
during the period he claimed in his Application. Accordingly, the 
Supplemental Order rescinds Mr. Hudson's refund and makes PFI and Mr. 
Hudson jointly liable for repayment of the refund.

Texaco Inc./Hicone Texaco, 1/7/94, RR321-137

    The DOE issued a Decision and Order granting a Motion for 
Reconsideration filed by Robert Robinson in the Texaco Inc. Subpart V 
special refund proceeding on behalf of Hicone Texaco (Hicone). The DOE 
had previously denied Hicone's Application for Refund on the basis that 
Hicone was not a purchaser or consignee of Texaco refined petroleum 
products but rather a consignee for Lee Oil Company (Lee) and, 
therefore, not eligible to receive a refund in the Texaco proceeding. 
However, in the Motion for Reconsideration, Hicone presented evidence 
that the business arrangement between Hicone and its supplier, Lee, was 
such that Hicone was more similar to an indirect purchaser of Texaco 
products than a consignee for Lee. The DOE, as a discretionary matter, 
reviewed the Motion and determined that it should be granted. 
Accordingly, Mr. Robinson was granted a refund of $314 ($228 principal 
plus $86 interest) as an indirect purchaser of Texaco products.

Texaco Inc./Tabbaa Oil Et Al., 1/7/94, RF321-14309 Et Al.

    The DOE issued a Decision and Order concerning 14 Applications for 
Refund filed in the Texaco Inc. Subpart V special refund proceeding by 
indirect purchasers which purchased Texaco products from Cook & Cooley 
(C&C), a Texaco jobber located in Long Beach, California. On October 
22, 1993, the DOE issued a Decision and Order in the Texaco proceeding 
which determined that C&C had been injured in its purchases of Texaco 
products. Texaco Inc./Cook & Cooley, 23 DOE 85,158 (1993). Based on a 
detailed showing of C&C's costs and prices during the refund period, 
the DOE concluded that (i) C&C had absorbed the full amount of any 
overcharges it had incurred in its purchases from Texaco of premium and 
unleaded gasoline and (ii) C&C absorbed 58 percent of the overcharges 
for its purchases of regular gasoline. Consequently, the DOE concluded 
that the indirect purchasers supplied by C&C incurred 42 percent of the 
impact of Texaco's alleged overcharges in sales of regular gasoline. 
For their purchases of premium and unleaded gasoline, indirect 
purchasers supplied by C&C would not have been injured because the 
overcharges were absorbed by C&C. Regular gasoline constituted 48.3 
percent of C&C's purchases from Texaco. In the absence of more accurate 
data regarding the applicant's purchases, the DOE assumed that regular 
gasoline also constituted 48.3 percent of the purchases made by C&C's 
customers. Consequently, the applicants in this decision were granted 
refunds based on 20.3 percent of their purchases (.42 x .483).

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/Industrial  RF304-13534              01/05/94
 Fuel & Asphalt Corp et al.                                             
Atlantic Richfield Company/Majors      RF304-14440              01/03/94
 Transit, Incorporated et al.                                           
Altantic Richfield Company/Patterson   RF304-15443              01/07/94
 Lumber Company.                                                        
Atlantic Richfield Company/Perry's     RF304-14559              01/03/94
 Heating Service, Inc.                                                  
Atlantic Richfield Company/            RF304-13971              01/05/94
 Wiatrowski's Arco et al.                                               
Bryan County, Oklahoma et al.........  RF272-86001              01/03/94
Clark Tanklines Company..............  RF272-77716              01/05/94
Friona Independent School District et  RF272-80679              01/05/94
 al.                                                                    
Green Construction Company...........  RF272-77190              01/06/94
Green Construction Company...........  RF272-95044                      
Gulf Oil Corporation/Airport           RF300-19617              01/05/94
 Limousine Service.                                                     
Gulf Oil Corporation/Del's Gulf        RF300-20611              01/05/94
 Service et al.                                                         
Gulf Oil Corporation/Ford Motor        RF300-20297              01/05/94
 Company.                                                               
Westinghouse Electric Corp...........  RF300-20454                      
Gulf Oil Corporation/Mack & John's     RF300-20672              01/07/94
 Service Station, Inc.                                                  
Hornes International, Inc............  RF300-20820                      
Hornes International, Inc............  RF300-21765                      
Hornes International, Inc............  RF300-21766                      
Hornes International, Inc............  RF300-21767                      
Hornes International, Inc............  RF300-21768                      
Gulf Oil Corporation/Ottawa Oil        RF300-15454              01/05/94
 Company.                                                               
Linston, Inc. et al..................  RF272-91500              01/03/94
M.S.A.D.8............................  RR272-123                01/07/94
Metropolitan Petroleum & Fuel/         RF349-7                  01/05/94
 Champion Service.                                                      
Milford Central School...............  RF272-83212              01/07/94
Muncy School District................  RF272-83273                      
Mukwonago Area School District et al.  RF272-87109              01/03/94
Texaco Inc./Chuck's Texaco et al.....  RF321-11664              01/06/94
Texaco Inc./Eubank Texaco............  RF321-19232              01/07/94
Eubank Texaco........................  RF321-20014                      
Texaco Inc./H.C.Blakewell, Inc. et al  RF321-10698              01/05/94
Texaco Inc./Majewski Texaco Service..  RR321-141                01/03/94
Texaco Inc./McKinney Oil Co..........  RF321-5854               01/07/94
McKinney Oil Co. of Tallulah, Inc....  RF321-5855                       
McKinney Oil Co. of Delhi, Inc.......  RF321-20000                      
Texaco Inc./Pat Vincent's Texaco.....  RR321-132                01/03/94
Random Lake Oil Co...................  RR321-140                        
Texaco Inc./Republic Oil Corporation   RF321-19157              01/05/94
 et al.                                                                 
Wright Brothers Construction Co. et    RF272-77193             01/06/94 
 al.                                                                    
                                                                        

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                       Name                               Case No.      
------------------------------------------------------------------------
4th Avenue Shell..................................  RF315-9479          
Banks County......................................  RF272-85287         
Broadway Arco.....................................  RF304-13495         
Charles A. Brookbank..............................  RF300-16365         
Cherokee Hlg. & Rigng., Inc.......................  RF272-91387         
Duane & Ron's Texaco Station......................  RF321-11042         
E.C. Barnes, Inc..................................  LEE-0063            
Farmer's Co-op Oil Co., Inc.......................  RF321-10930         
Freeway Texaco....................................  RF321-19974         
George H. Nunes, Inc..............................  RF238-123           
Raul's Texaco.....................................  RF321-9944          
------------------------------------------------------------------------

    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 24, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-7880 Filed 4-1-94; 8:45 am]
BILLING CODE 6450-01-P