[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12420]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders During the Week of March 21 
Through March 25, 1994

    During the week of March 21 through March 25, 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

OXY USA, Inc., 3/23/94, LFA-0359

    OXY USA, Inc. (OXY) filed an Appeal from a determination issued by 
the Economic Regulatory Administration (ERA) of the Department of 
Energy in response to a request from OXY under the Freedom of 
Information Act (FOIA). OXY sought an ERA audit report of Cities 
Service Company. The only issue was whether the ERA properly considered 
a memorandum from Janet Reno, the Attorney General (Reno Memorandum) as 
part of the public interest analysis in its decision not to make a 
discretionary release of the report. In considering the Appeal, the DOE 
found that ERA properly considered the Reno Memorandum in its finding 
that release of the report would cause a reasonably foreseeable harm to 
the ongoing litigation involving OXY. Accordingly, the Appeal was 
denied.

Refund Applications

Texaco Inc./Arriola Texaco, et al.,
    3/24/94, RF321-767 et al.

    The DOE issued a Decision and Order in the Texaco Inc. refund 
proceeding concerning four Applications for Refund filed by retail 
outlets that purchased some of their Texaco products indirectly through 
Texaco jobbers. The DOE found that the applicants' estimates of the 
amount of product that they purchased from the jobbers were flawed. The 
applicants, however, had records of their annual gross revenues during 
the refund period. The DOE estimated their annual purchases using these 
revenue figures by first estimating for each year the amount of their 
revenues that was from gasoline sales. The DOE then divided this amount 
by an estimated average retail branded selling price that it calculated 
for each year of the refund period. The applicants were granted refunds 
based upon the purchase volume so calculated. The total refund granted 
was $5,826, including interest of $1,625.
Texaco Inc./Art's Texaco,
    3/22/94, RF321-18636

    The DOE issued a Decision and Order denying an Application for 
Refund filed by Arthur A. Balczarek on behalf of Art's Texaco in the 
Texaco Inc. Subpart V special refund proceeding. Mr. Balczarek was 
unable to satisfactorily document gallonage information for the period 
during which he operated the outlet. He did attempt to support his 
claim through the use of the National Petroleum News (NPN) Factbook. 
The DOE determined that this was not satisfactory evidence with which 
to document gallonage claim and therefore there was no basis on which 
the DOE could grant a refund to Mr. Balczarek.

Texaco Inc./ Diamond Point Texaco, 3/22/94, RF321-12125

    The DOE issued a Decision and Order in the Texaco Inc. refund 
proceeding concerning an Application for Refund filed by Diamond Point 
Texaco, a retail outlet that purchased Texaco products from Poweram Oil 
Company, a Texaco jobber. Poweram had previously demonstrated that it 
had absorbed all of Texaco's alleged overcharges during the period for 
which Diamond Point sought a refund. Accordingly, Diamond Point could 
not have been injured by Texaco's alleged overcharges, and the 
application for refund was denied.

Texaco Inc. M&H Texaco, 3/24/94, RR321-17

    Vernon Horne, the owner of two Texaco service stations, filed a 
Motion for Reconsideration of a Decision and Order that denied 
duplicate refund applications that he had filed for each station in the 
Texaco refund proceeding. Mr. Horne stated that he had signed both 
applications at the request of Federal Refunds, Inc. (FRI), the firm 
that had prepared the forms and submitted them to the Office of 
Hearings and Appeals. In considering the Motion, the DOE found that Mr. 
Horne erroneously filed the second applications because he was confused 
by FRI's sending him another form, and not for the purpose of obtaining 
duplicate refunds. Mr. Horne's refund claim for one of his stations was 
approved for the period in which it was directly supplied by Texaco. 
However, the DOE rejected Mr. Horne's claim for this station for the 
period January 1980 through January 1981, when it was supplied by 
Poweram Oil Co., a Texaco jobber. Poweram has previously established 
that during the period it absorbed Texaco's alleged overcharges and did 
not pass them through to its customers. The DOE also rejected Mr. 
Horne's refund claim for his second station since he submitted neither 
evidence to show that he operated it during the refund period nor the 
volume of motor gasoline that it purchased. The total amount of the 
refund granted by the DOE in this case was $978.

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/Elliott Sav-   RF304-14483......     03/21/94
 on Gas, Inc. et al.                                                    
Clark Oil & Refining Corp./James          RF342-289........     03/24/94
 Machowiak.                                                             
Washington Clark........................  RF342-290........  ...........
Clark Oil & Refining Corp./Kim's Super    RF342-185........     03/24/94
 100.                                                                   
Congoleum Corporation...................  RF272-56224......     03/21/94
Congoleum Corporation...................  RD272-56224......  ...........
Enron Corp./Litchfield Gas Company......  RF340-128........     03/23/94
P&H Gas Company.........................  RF340-138........  ...........
Bert Schrank LP-Gas Company.............  RF340-140........  ...........
Fiore Trucking & Contracting Company....  RF272-75925......     03/24/94
Permit Haulers, Inc. D/B/Ablakeman        RF272-75974......  ...........
 Corporation.                                                           
Gulf Oil Corp./Texas Sand & Gravel Co.,   RF300-13151......     03/21/94
 Inc. et al.                                                            
Gulf Oil Corp./W.G. Ingram Oil Co.......  RF300-20921......     03/21/94
Gulf Oil Corp./Wholesale LP Gas Co.,      RF300-20522......     03/23/94
 Inc. et al.                                                            
Oil Center Research, Inc. et al.........  RF272-92523......     03/24/94
Texaco Inc./Bob Moorman Texaco..........  RF321-847........     03/21/94
Howard's Texaco.........................  RF321-1060.......  ...........
Larry's Texaco..........................  RF321-8476.......  ...........
Texaco Inc./Country Club Texaco et al...  RF321-151........     03/24/94
Texaco Inc./Drayton Hall Trust et al....  RF321-7119.......     03/21/94
Texaco Inc./Ken's Texaco et al..........  RF321-19161......     03/24/94
Texaco Inc./Loveland Texaco et al.......  RF321-18081......     03/24/94
Texaco Inc./Russell's Texaco et al......  RF321-7133.......     03/24/94
Texaco Inc./The B.F. Goodrich Company et  RF321-19017......     03/21/94
 al.                                                                    
The Olympic Homecare Products Co........  RF272-57183......     03/21/94
The Olympic Homecare Products Co........  RD272-57183......  ...........
Wheels, Inc.............................  RF272-54666......    03/21/94 
                                                                        

Dismissals

    The following submissions were dismissed: 

                                                                        
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                        Name                               Case No.     
------------------------------------------------------------------------
Acorn Products......................................  RF272-93399       
Al Tech Specialty Steel Corp........................  RF272-95124       
Andy's Brake & Alignment............................  RF321-17183       
AT&T Technologies, Inc..............................  RF272-67238       
Bluffton Utilities..................................  RF272-93654       
Borough of Derry....................................  RF272-88625       
Borough of Englewood Cliffs.........................  RF272-88602       
Carsalve Servicenter................................  RF321-20318       
Chris Hansen Texaco.................................  RF321-20319       
City of Davis.......................................  RF272-88635       
City of De Witt.....................................  RF272-88622       
City of Deming......................................  RF272-88640       
City of Denville....................................  RF272-88641       
City of Fairbanks...................................  RF272-88603       
City of Farmington..................................  RF272-88606       
City of Festus......................................  RF272-88607       
Corcoran Joint Unified School District..............  RF272-81724       
Country Club Texaco.................................  RF321-20334       
Crowley-Sheppard Asphalt Co.........................  RF272-93495       
Dewey Township Schools..............................  RF272-88626       
Dodgeville Central School...........................  RF272-88629       
Harley Davidson, Inc................................  RF272-95118       
Herman H. Howard Sons...............................  RF272-93018       
Lakeside Texaco.....................................  RF321-20383       
Lollis Texaco.......................................  RF321-15960       
Marsellis Warner Corp...............................  RF272-93062       
Matthew's Texaco/VPA Auto Repair....................  RF321-20577       
Parkway Texaco......................................  RF321-20404       
Parkway View S/C....................................  RF321-20303       
Pat & Mike's Texaco.................................  RF321-20384       
Phillips County.....................................  RF272-88653       
Schuylkill Metals Corp..............................  RF272-93013       
Terrell Farms Farm Acct.............................  RF272-93157       
Town of Babylon.....................................  RF272-88216       
Township of Fairview................................  RF272-88605       
Travelers Texaco....................................  RF321-20164       
Village of Dupo.....................................  RF272-88613       
Wayne County........................................  RF272-87911       
Wayne Dunagan.......................................  RF272-92962       
Yorktowne Texaco....................................  RF321-20403       
------------------------------------------------------------------------

    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: May 11, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-12420 Filed 5-19-94; 8:45 am]
BILLING CODE 6450-01-P