[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:
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Name Case No.
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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
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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 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