[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20699]


[[Page Unknown]]

[Federal Register: August 23, 1994]


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DEPARTMENT OF ENERGY
 

Notice of Issuance of Decisions and Orders by the Office of 
Hearings and Appeals

Week of April 25 through April 29, 1994
    During the week of April 25 through April 29, 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.

Refund Applications

J.I. Case, 4/28/94, RF272-91769

    The DOE issued a Decision and Order concerning an Application for 
Refund filed in the crude oil refund proceeding by J.I. Case. The 
Application was based upon purchases of petroleum products made by the 
agricultural department of International Harvester. J.I. Case had 
acquired the agricultural department of International Harvester in 
1985. However, the parent firm of J.I. Case, Tenneco, had applied for 
and received a refund from the Refiners Escrow account in the Stripper 
Well proceeding. Upon receiving that refund, Tenneco was required to 
execute a ``Release of Claims'' that waived its right and the rights of 
any of its affiliates or subsidiaries (such as J.I. Case) to receive a 
refund in the crude oil refund proceeding. Accordingly, the DOE denied 
the J.I. Case Application.

Osceola Electric Cooperative, Inc., 4/29/94, RF272-91868

    The DOE issued a Decision and Order concerning an Application for 
Refund filed by Osceola Electric Co-op in the DOE crude oil refund 
proceeding. Previously, Osceola County Cooperative Oil Co.--of which 
Osceola Electric is a member--had received a refund in the crude oil 
proceeding based upon its total purchases of petroleum products. These 
purchases included those sold to members; therefore, the Osceola 
Electric Co-op Application was denied.

Texaco Inc./Dees Petroleum Products, 4/28/94, RR321-151

    The DOE issued a Decision and Order in response to a Motion for 
Reconsideration filed by Dees Petroleum Products (Dees) in the Texaco 
Inc. special refund proceeding. The Motion concerned a May 18, 1992 
denial of the portion of Dee's original refund application based on 
Texaco's alleged failure to supply petroleum products for Dees' resale 
to sixty-three motor gasoline retailers. The basis for the denial was 
the finding that Dees was not the designated supplier of those retail 
outlets. Dees requested reconsideration of that finding and advanced 
the new claim that it had been disproportionately overcharged in its 
purchases from Texaco. The DOE found that the material Dees submitted 
presented no basis for reconsideration of the May 18, 1992 Decision and 
Order; the Motion for Reconsideration was accordingly denied.

Texaco, Inc./Horton's Texaco Service, 4/28/94, RR321-142

    The DOE issued a Decision and Order concerning a Motion for 
Reconsideration filed in the Texaco Inc. special refund proceeding by 
D.C. Horton, owner of Horton's Texaco Service. Horton sought to have 
the OHA reconsider a decision dismissing a prior refund request because 
necessary requested supporting information had not been supplied. 
Horton stated that he had responded to the OHA information request in a 
timely manner; Aikin Energy, Inc., the ``filing service'' that had 
represented him, had failed to promptly forward the data. Based upon 
the past lackluster performance of Horton's filing service, DOE 
determined that Horton's claim was credible, and granted a direct 
refund of $3,162.

Texaco Inc./Rollins Texaco, et al., 4/25/94, RF321-19205, et al.

    Applications for Refund were filed by Wilson, Keller and Associates 
on behalf of five former Texaco retailers that were unable to locate 
records sufficient to prepare monthly schedules of their purchases of 
Texaco motor gasoline. The Applications were based on estimated 
purchase volumes developed by Wilson, Keller and Associates that were 
based upon the applicants' tax returns and data from the ``Monthly 
Gallonage of Gas Stations/National Petroleum News 1973-1981.'' In 
considering these claims, the DOE found that the estimates were 
reasonable in most cases. However, when the Wilson Keller methodology 
appeared to produce unreasonable results, the DOE used a different 
estimation technique. Accordingly, the DOE issued a Decision and Order 
granting the Applications in part.

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. 

                                                                        
                                                                        
                                                                        
Central Louisiana Electric Co., Inc. et  RF272-92709            04/28/94
 al.                                                                    
City School District of Batavia et al..  RF272-86679            04/25/94
Decatur County Public Works et al......  RF272-93100            04/28/94
Gulf Oil Corp./Acadia Fuel & Oil         RF300-20674            04/29/94
 Distributors et al.                                                    
Gulf Oil Corp./BRW Fuel Company........  RF300-21789            04/26/94
Gulf Oil Corp./Lampton-Love, Inc.......  RF300-18025            04/25/94
Gulf Oil Corp./MacArthur Petroleum &     RF300-8420             04/29/94
 Solvent Co. et al.                                                     
Gulf Oil Corp./Mount Holly Ice & Fuel    RF300-18324            04/28/94
 Co.                                                                    
D&L Grocery............................  RF300-18767         ...........
Gulf Oil Corp./Taylor Gulf Service.....  RF300-16006            04/26/94
Gulf Oil Corp./Village One Stop #2 et    RF300-15595            04/29/94
 al.                                                                    
Heard County, Georgia et al............  RF272-85202            04/25/94
Jess Radle Son, Inc....................  RF272-93116            04/28/94
Martin County et al....................  RF272-87667            04/26/94
Meriden-Cleghorn Community School        RF272-79149            04/29/94
 District et al.                                                        
NL Industries, Inc. d/b/a Baroid         RF272-14948            04/28/94
 Corporation.                                                           
NL Industries, Inc. d/b/a Baroid         RD272-14948         ...........
 Corporation.                                                           
Rogers Cartage Co. et al...............  RF272-80169            04/28/94
Shell Oil Company/Fullerton Pulaski      RF315-4840             04/28/94
 Shell.                                                                 
Texaco Inc./Hillmer's Texaco Service et  RF321-11275            04/29/94
 al.                                                                    
Texaco Inc./Lloyd's Texaco Service #1    RF321-11271            04/28/94
 et al.                                                                 
W.J. Terry & Sons, Inc.................  RF272-85961            04/26/94
                                                                        

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                         Name                               Case No.    
------------------------------------------------------------------------
Bonduel School District..............................  RF272-80498      
Dalco Petroleum Company..............................  RF340-76         
Johnny Isbell Texaco.................................  RF321-12184      
Lajet, Inc...........................................  RF340-151        
Moundridge Unified School District 423...............  RF272-80129      
Paul Gavornik Service................................  RF321-17990      
R.B. Nutt's Texaco...................................  RF321-10899      
Robinwood Texaco.....................................  RF321-4670       
Sunnyland Packing Co.................................  RF272-93000      
Super 90 Texaco Service Station......................  RF321-10834      
Woodstock Grismill Companies, Inc....................  LEE-0111         
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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: August 16, 1994.

George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-20699 Filed 8-22-94; 8:45 am]
BILLING CODE 6450-01-P