[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Notices]
[Pages 15562-15563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7437]



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DEPARTMENT OF ENERGY

Issuance of Supplemental Refund Checks in Special Refund 
Proceeding Involving Crude Oil Overcharge Refunds

AGENCY: Office of Hearings and Appeals, Department of Energy.

ACTION: Notice of issuance of interim supplemental refund checks in the 
Crude Oil Overcharge Special Refund Proceeding [RF272 Case Nos.]

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SUMMARY: The Office of Hearings and Appeals of the Department of Energy 
will issue interim supplemental refund checks to prior refund 
recipients in the crude oil overcharge refund proceeding.

FOR FURTHER INFORMATION CONTACT: Thomas L. Wieker, Deputy Director, 
Virginia Lipton, Assistant Director, Office of Hearings and Appeals, 
Department of Energy, 1000 Independence Avenue, S.W., Washington, D.C. 
20585, (202) 586-2390 (Wieker), (202) 586-2400 (Lipton).

SUPPLEMENTARY INFORMATION: The Office of Hearings and Appeals (OHA) of 
the Department of Energy will soon begin issuing interim supplemental 
refund checks to prior crude oil overcharge refund recipients. The OHA 
will shortly begin sending letters announcing this process to these 
refund recipients, asking them to confirm their current business name, 
address, telephone number and name of contact person. We will include a 
verification form that refund recipients may use to provide this 
information. The recipients will also receive a copy of a Question and 
Answer (Q&A) sheet prepared by the OHA providing more information about 
the supplemental refund process.
    The letters will be sent over a period of several weeks and be 
mailed to every applicant that has received a total refund of at least 
$50. (This amounts to an approved volume of at least 62,500 gallons.) 
Applicants that do not receive a letter because their refunds were 
based on lesser gallonages may still apply for and receive an interim 
supplemental refund. These smaller Applicants who wish to receive this 
supplemental refund, rather than wait for the total amount in a single 
final refund check at a later date, should file a request for a 
supplemental refund with the OHA at the address listed above. The 
request should include all of the elements contained on the 
verification form that is part of the OHA's supplementary crude oil 
overcharge refund packet.
    As stated in the Q&A sheet, the supplemental refunds will be 
calculated by multiplying the approved gallonage by $0.0008. That is, 
for every 100,000 gallons of product, the refund will be $80. Thus, the 
supplemental refund will be equal to the total crude oil overcharge 
refund already received by a recipient. Further, as indicated in the 
Q&A sheet, there is no deadline by which responses for submitting the 
information to receive the supplemental payment must be received. 
However, the sooner the information is provided, the sooner the payment 
can be processed. We request that Applicants whose claims are greater 
than 62,500 gallons file the verification form that will be mailed to 
them. This form will also contain some identifying information that 
will facilitate OHA processing. A copy of the full Q&A sheet, the 
suggested verification form, and the cover letter are set forth below.
    Applicants in the crude oil refund proceeding whose refund claims 
are currently in process will not be issued supplemental checks at this 
time. Instead, all refund claims granted after March 3, 1995, will be 
granted at a higher volumetric rate of $0.0016 per gallon.

    Dated: March 16, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.

Department of Energy,
Washington, DC 20585

Re: Supplemental Crude Refunds

    Dear Crude Oil Refund Recipient: Our records show that you have 
received a refund in the Subpart V Crude Oil Refund Proceeding of 
the Department of Energy (DOE). This proceeding aims to compensate 
people overcharged by various oil companies which violated crude oil 
price regulations from August 1973 to January 1981.
    When we granted your application, we stated that we might send 
you a supplemental refund check. We are now ready to issue you 
another check.
    In order to receive your supplemental check, please verify that 
your name and address are correct on the mailing label on this 
letter. If so, simply check the ``Yes'' box on the back of this 
letter and sign the underlying statement. If your name or address 
has changed, check the ``No'' box, provide the correct information, 
and sign the underlying statement. If any other circumstances have 
changed, attach a letter explaining these changes (please print or 
type). We have included a short list of questions and answers that 
deal with some of the most common issues. If you have any other 
questions, please feel free to call us at (202) 586-4921 between 
9:00 a.m. and 5:00 p.m. Eastern Time on regular business days. Also, 
please provide us with a daytime phone number so we can contact you 
if necessary.
    In addition to your name and address, the Internal Revenue 
Service (IRS) requires us to report refund payments on IRS Form 
1099-MISC. Therefore, we request that you provide us with your 
Employer Identification Number (for businesses) or Social Security 
Number (for individuals). You should submit this number even if you 
have previously provided it to our office. By law, if you are an 
individual, you are not required to disclose your Social Security 
Number. However, if you do not report it to us, we shall withhold 
31% of your supplemental check and forward it to the IRS as back-up 
withholding.
    Please return this letter with your responses in the enclosed 
postage-paid envelope. Once we receive your reply, we will examine 
it and process it. If we do not receive a reply from you, we will 
not send you a supplemental check at this time. We hope to hear from 
you.

Questions and Answers Regarding Supplemental Refunds in the Subpart V 
Crude Oil Refund Proceeding

    The following Questions and Answers concern the supplemental 
refunds currently being issued by the Department of Energy (DOE) in 
the Subpart V crude oil refund proceeding. This crude oil refund 
proceeding is being conducted through the Office of Hearings and 
Appeals (OHA) of the DOE.
    As stated in the Decision and Order that granted your refund, 
applicants who applied for crude oil refunds before June 30, 1988, 
would receive supplemental refunds as additional crude oil 
overcharge funds were available. We stated that we would determine 
at a later date whether applicants who applied for crude oil refunds 
after June 30, 1988, would receive supplemental refunds. We have 
collected additional crude oil overcharge funds; therefore, we are 
able to issue interim supplemental checks to all crude oil refund 
recipients (about 87,000 recipients) to date.
    Q: What do I need to do in order to receive a supplemental 
refund? Do I need to file another Application?
    A: No. You only need to send back the verification form 
confirming your name, current address, and taxpayer identification 
number. If there have been any changes in the status of your 
application (e.g., bankruptcy, death, dissolution, etc.), please see 
the Q&A below regarding changes.
    Q: What is the deadline for submitting the verification form?
    A: There is no deadline for submitting the verification form. 
However, we will process the supplemental refund checks in the order 
that we receive the verification forms. The sooner you submit your 
form, the sooner you will receive a supplemental refund.
    Q: How much will I receive?
    A: Supplemental refund checks will be calculated by multiplying 
your previously approved gallonage (located at the top right-hand 
corner of your mailing label) by $0.0008 per gallon. In other words, 
for every 100,000 gallons, you will receive $80. The amount that you 
receive will be equal to your total prior crude overcharge refund.
    Q: What are the other numbers on my mailing label?
    A: The top right-hand corner number is your approved gallonage. 
The ``RF272-'' number is your original refund case number. 
[[Page 15563]] 
    Q: When will I receive my check?
    A: In most cases, if all your information is complete, you 
should receive a supplemental check within 90 days of our receipt of 
your information.
    Q: Why do you refer to this supplemental refund check as an 
``interim'' check?
    A: We may collect additional crude oil overcharge funds. If we 
receive additional crude oil overcharge funds, we will issue a final 
check to all applicants who have received refunds in the crude oil 
proceeding.
    Q: What happens if I don't submit the verification form at this 
time?
    A: If you choose not to submit the verification form at this 
time, we will not issue you an interim check. Instead, you will 
receive only a final check. This final check will include the amount 
that would have been issued in the interim check. However, we do not 
know when the crude oil violation collections will be completed, so 
we cannot estimate when we will issue the final checks.
    Q: I represent an applicant who was an individual or a sole 
proprietor, but circumstances have now changed (e.g., death, 
divorce, personal bankruptcy, etc.). What should I do?
    A: You should submit an explanation of the changes in 
circumstances with your verification form. For example, if the 
original applicant declared personal bankruptcy, you should state 
whether the bankruptcy is open or closed and the name of the 
trustee, if any. If the original applicant is now deceased, the 
survivor(s) of the decedent should state whether there is an estate 
and whether the estate is still open.
    Q: I represent a corporation or partnership whose status has 
changed (e.g., dissolution, bankruptcy, sale to another company, 
etc.). What should I do?
    A: You should submit an explanation of the changes in business 
status with your verification form. For example, if the applicant is 
a company that is no longer operating, please provide the names and 
percentage shares of the shareholders at the time of dissolution. If 
the applicant was a firm that has experienced a bankruptcy, please 
state whether the bankruptcy is open or closed, whether it is a 
Chapter 7 or 11, and the name of the trustee, if any. If the 
applicant was a company that has been sold to another company, 
please state the new owner's name and whether it was a stock or 
asset sale. If the applicant was a business partnership in which a 
partner(s) is now deceased, the surviving partner(s) should state 
which partners remain and the disposition of the deceased partner's 
share in the business.
    Q: I know of another applicant who has already received a 
supplemental check, yet I received notice of this supplemental check 
only recently. Why is that?
    A: In order to handle the overwhelming number of supplemental 
checks most effectively, we are issuing notification of the 
supplemental checks in stages according to the order in which the 
original claims were filed.
    Q: I also filed an application in a refined product proceeding 
(e.g., Texaco, Gulf, ARCO, etc.). Will I receive a supplemental 
check from that refund proceeding?
    A: No. Only one refund check generally is issued in refined 
product proceedings.
    Q: Whom do I contact for more information?
    A: Call (202) 586-4921 from 9 am-5 pm ET.
    Send your verification form and any letters of explanation or 
inquiry to: Supplemental Crude Oil Refunds, Office of Hearings and 
Appeals, U.S. Department of Energy, 1000 Independence Avenue, S.W., 
Washington, D.C. 20585.

Verification Form

Part I: Correct Name and Address

    {time}  Yes, my name and current address are correct on the 
mailing label.
    {time}  No, my name and current address are different from the 
mailing label.
    The correct information is (please print or type):

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    {time}  Yes, there has been a change in the business or in the 
ownership of the business due to death, divorce, sale, bankruptcy or 
dissolution. Please submit an explanation with this form.
    {time}  No, there has been no change in the business or in the 
ownership of the business due to death, divorce, sale, bankruptcy or 
dissolution.

Part II: IRS Form 1099 Information

    1. Are you exempt from IRS 1099 reporting (if unsure, answer No? 
{time}  Yes  {time}  No
    2. Has the IRS informed you that you are subject to backup 
withholding? {time}  Yes  {time}  No
    3. Please provide your Taxpayer Identification Number:

Social Security Number (Individuals Only)

________-______-__________
    Or
Employer Identification Number (Businesses Only)

________-____________________

Part III: Signature

    I verify that all of the information above is true and correct 
to the best of my knowledge.
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Signature

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Date

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Title (if applicable)

(      )---------------------------------------------------------------
Daytime Telephone Number

    Return this form and any letters of explanation to: Supplemental 
Crude Oil Refunds, Office of Hearings and Appeals, U.S. Department 
of Energy, 1000 Independence Avenue, S.W., Washington, D.C. 20585.

[FR Doc. 95-7437 Filed 3-23-95; 8:45 am]
BILLING CODE 6450-01-P