[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17900]


[[Page Unknown]]

[Federal Register: July 22, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders the Week of May 16 Through May 
20, 1994

    During the week of May 16 through May 20, 1994, the decisions and 
orders summarized below were issued with respect to applications for 
refund 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.

Supplemental Order

341 Tract Unit of the Citronelle Field, 5/18/94, LFX-0008

    The DOE issued a Decision and Order concerning the disbursement of 
an escrow fund made available as a result of the termination of 
exception relief issued to The 341 Tract Unit of the Citronelle Field. 
The escrow fund, which is continuing to accrue interest, totals 
approximately $131 million. OHA decided that refiners as a group 
absorbed 5.4 percent of the cost of that exception relief. Each refiner 
listed on the Entitlements List for November 1980 will receive an 
allocable share of the escrow fund based on its percentage of runs to 
stills during that month. Refiners' final refunds will be based on the 
5.4 percent absorption rate.

Refund Applications

Enron Corporation/Odessa L.P.G. Transport, Inc., 5/17/94, RF340-95

    Odessa L.P.G. Transport, Inc. (Odessa) submitted an Application for 
Refund in the Enron Corporation refund proceeding. The DOE found that 
Odessa had proved that it was injured with respect to Enron propane 
that it purchased and resold during the period June 1974 through 
January 1981. Accordingly, the DOE granted Odessa a principal refund of 
$116,781 for this product and accrued interest of $47,635. The total 
refund granted to Odessa was $164,416.

The Goodyear Tire & Rubber Company, 5/18/94, RF272-89582, RR272-92

    Goodyear Tire & Rubber Company (Goodyear), a major manufacturer and 
retailer of tires and industrial rubber products, filed a Motion for 
Reconsideration of a Decision and Order that denied in part a crude oil 
refund application it had filed. In its reconsideration request, 
Goodyear argued that the DOE had erroneously denied it a refund with 
respect to its purchases of specified products. The DOE rejected 
Goodyear's arguments with respect to all the products except isoprene. 
Although the DOE determined that isoprene was not an eligible product, 
the DOE further determined that, for certain purchases, Goodyear had 
rebutted the end-user presumption of injury, i.e., the presumption that 
the isoprene supplier, as the end-user of eligible products used to 
make isoprene, is presumed injured by crude oil overcharges. The DOE 
based the latter determination on Goodyear's showing that for a portion 
of the refund period, one of Goodyear's isoprene suppliers had 
increased isoprene prices to Goodyear based on a dollar for dollar 
increase in its crude oil costs and, therefore, that for those 
purchases Goodyear bore the impact of overcharges attributable to 
isoprene feedstocks. The DOE, therefore, granted Goodyear an additional 
crude oil refund in the amount of $3,554.
    The DOE also considered two other products for which Goodyear had 
previously sought a crude oil refund but which the DOE elected to defer 
in its earlier decision pending the submission of additional evidence 
by Goodyear. The two products at issue were butadiene and petroleum 
wax. After reviewing the evidence and/or arguments Goodyear had 
presented, the DOE determined that Goodyear had failed to demonstrate 
that the products in question had been produced in a crude oil 
refinery. Accordingly, the DOE concluded that those products were not 
eligible for a crude oil 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. 

Atlantic Richfield Company/Service      RF304-14009             05/16/94
 Center Supply, Inc..                                                   
Dallas Carriers Corp. et al...........  RF272-67828             05/17/94
Enron Corp./Concho Butane Company.....  RF340-135               05/17/94
Saxon Oil Company.....................  RF340-147                       
Faulkner Concrete Pipe Co. et al......  RF272-93827             05/20/94
Gulf Oil Corp./Charles Niblett Gulf #1  RF300-15561             05/17/94
Charles Niblett Gulf #2...............  RF300-15562                     
Charles Niblett Gulf #3...............  RF300-15563                     
Charles Niblett Gulf #4...............  RF300-15564                     
Gulf Oil Corp./Franklin Limestone Co.   RF300-20754             05/20/94
 et al.                                                                 
Gulf Oil Corp./Oklahoma Refining        RF300-20005             05/18/94
 Company.                                                               
Mitchell Welding Supply Co............  RC272-230               05/18/94
Taylor & Anderson Towing..............  RF272-77180             05/20/94
Texaco Inc./Highway 69 Texaco et al...  RF321-6919              05/20/94
Texaco Inc./Murph's Texaco............  RF321-20472             05/17/94
Kael's Sunset Texaco..................  RF321-20979                     
Union Carbide Industrial Gases Inc. et  RF272-92548             05/17/94
 al.                                                                    
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Dismissals

    The following submissions were dismissed: 

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                         Name                               Case No.    
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Andre's Beacon........................................  RF238-143       
Arlen & Eunice Rude...................................  RR272-105       
Comont Texaco.........................................  RF321-18935     
Consumer Co-Op Association............................  RF321-20023     
Creed's Texaco........................................  RF321-18980     
Criswell's Texaco Service.............................  RF304-15078     
Farmers Co-Op Elevator of Wanda.......................  RF272-95161     
Farmers Cooperative Society #1........................  RF272-95185     
Farmers Elevator Cooperative Co.......................  RF272-95093     
Farmers Elevator Cooperative..........................  RF272-95061     
Frederick's Arco......................................  RF304-15147     
Gressett's Texaco #3..................................  RF304-15077     
Interstate Texaco.....................................  RF321-18936     
J.W. Drilling.........................................  RF321-20978     
Johnson's Texaco Service..............................  RF321-18975     
Keen Inc..............................................  RF304-13315     
LaClede Gas Company...................................  RF321-20025     
OMI Corp..............................................  RF321-19912     
Prima Asphalt, Inc....................................  RF321-20022     
Ray Baranoski's Texaco................................  RF321-19840     
Stan's Texaco.........................................  RF321-19463     
Utility Board--City of Key West.......................  RF321-20031     
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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, S.W., 
Washington, D.C. 20585, Monday through Friday, between the hours of 
1:00 p.m. and 5:00 p.m., except federal holidays. They are also 
available in Energy Management: Federal Energy Guidelines, a 
commercially published loose leaf reporter system.

    Dated: July 19, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-17900 Filed 7-21-94; 8:45 am]
BILLING CODE 6450-01-P