[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Notices]
[Pages 27102-27103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12495]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
April 17 Through April 21, 1995
During the week of April 17 through April 21, 1995 the decisions
and orders summarized below were issued with respect to applications
for 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
Amoco Corporation, 4/21/95, RF272-92482
The DOE issued a Decision and Order concerning one Application for
Refund in the Subpart V crude oil overcharge refund proceeding. The
refund application was filed by Amoco Corporation. The DOE determined
that Amoco was not entitled to a refund since it had filed a Refiners
Escrow Settlement Claim Form and Waiver. In that filing, Amoco
requested a Stripper Well refund from the Refiners escrow, thereby
waiving its right to a Subpart V crude oil refund. Accordingly, the
Application for Refund was denied.
Central Hudson Gas & Electric Corp., 4/21/95, RF272-92494
The DOE issued a Decision and Order concerning one Application for
Refund in the Subpart V crude oil overcharge refund proceeding. The
refund application was filed by Central Hudson Gas & Electric
Corporation. The DOE determined that Central Hudson was not entitled to
a refund since it had filed a Utilities Escrow Settlement Claim Form
and Waiver. In that filing, Central Hudson requested a Stripper Well
refund from the Utilities escrow, thereby waiving its right to a
Subpart V crude oil refund. Accordingly, the Application for Refund was
denied.
Empire Gas Corporation/Gulf Coast Petroleum, Inc., 4/18/95, RR335-64
Gulf Coast Petroleum, Inc. submitted an Application for Refund in
the Empire Gas Corporation refund proceeding. The DOE found that Gulf
Coast had proved that it was injured with respect to its Empire propane
purchases during May 1979 through January 1981. Accordingly, the DOE
granted Gulf Coast a principal refund of $15,509 for this product and
accrued interest of $11,075. The total refund granted to Gulf Coast was
$26,584. This Decision also resolved the last pending application in
the Empire refund proceeding. The DOE determined that no further claims
would be accepted in this proceeding as of the date of this Decision
and Order and any unclaimed funds remaining in the Empire escrow
account would be made available for indirect restitution pursuant to
the Petroleum Overcharge Distribution and Restitution Act of 1986, 15
U.S.C.A. Sec. 4501.
Texaco Inc./International Paper Company, 4/21/95, RR321-176
[[Page 27103]] The DOE issued a Decision and Order granting the
Motion for Reconsideration filed by International Paper Company (IP),
an end-user of Texaco Inc. products. In an earlier Decision, the DOE
had granted the Application for Refund filed in the Texaco Inc. refund
proceeding by IP for purchases of 6,846,812 gallons of motor gasoline.
In its Motion for Reconsideration, IP requested that it be granted an
additional refund for purchases of 99,278,000 gallons of residual fuel
oil by one of its paper mills. Based on the compelling reasons that the
DOE had not originally investigated IP's statement on its application
that it was applying for purchases of # 6 (residual) fuel oil and
because IP quickly filed a sufficiently documented Motion for
Reconsideration, the DOE exercised its discretion to consider IP's
Motion. IP's gallonage claim was found to be well documented, and where
necessary, conservatively estimated. Accordingly, IP's Motion for
Reconsideration was granted for an additional $159,703 refund.
Texaco Inc., La Villa Service Station, Eladio Rivera, Gasolinera
Melendez, Inc., Jesus Ramirez Ramirez, Villas de Navarra Service
Station, 4/18/95, RF321-21016, RF321-21028, RF321-21029, RF321-21034,
4/18/95, RF321-21035
The DOE issued a Decision and Order regarding five Applications for
Refund filed in the Texaco Inc. refund proceeding by retailers located
in Puerto Rico. Each of the applications was postmarked and received
more than four months after the February 28, 1994 final deadline for
filing applications in the Texaco proceeding. Four of the applicants
requested that their applications be accepted because they did not have
notice of the Texaco proceeding until after the February 28 deadline.
Additionally, one of these applicants further asserted that retailers
in Puerto Rico had not been effectively informed about the proceeding
and that neither Texaco nor the DOE made an effort to notify Puerto
Rican retailers about the proceeding. Consequently, this applicant
argued that equity required the DOE to process its late application.
The DOE found that some notice had been given in Puerto Rico and noted
that, in consideration of the lack of Texaco's notification to
potential Puerto Rican applicants, the DOE previously had agreed to
accept for possible consideration all Texaco applications submitted
from Puerto Rico in the month of March 1994. The DOE found that the
extreme length of time which the Texaco proceeding has lasted and the
need for finality outweighed the claimed inequity. Consequently, the
DOE found that none of the applicants had presented an equitable
consideration or compelling reason to excuse its lateness in filing its
application. Accordingly, the applications were dismissed.
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.
Gulf Oil Corporation/American Hoechst Corp................................ RF300-19970 04/21/95
Hoechst Celanese Chemical Grp............................................. RF300-21699 ..............
Gulf OIl Corporation/Dick's Sacramento Gulf Rentals et al................. RF300-21300 04/21/95
Gulf Oil Corporation/Livingston Gulf...................................... RF300-21826 04/21/95
Gulf Oil Corporation/Simmons Pole & Piling................................ RR300-262 04/21/95
Texaco Inc./Vanguard Petroleum Corp....................................... RF321-13015 04/18/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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Agway Petroleum Corp.............................. RF345-30
American Freight System, Inc...................... RF321-20215
Apac-Tennessee, Inc............................... RF272-98242
Boston Gas Company................................ RF321-20357
Camellia Food Stores, Inc......................... RF272-98866
Carl's Texaco..................................... RF321-20353
Coyier's Texaco................................... RF321-20356
East Store Material............................... RF321-20279
Ernie's Texaco.................................... RF321-20354
Marvin V. Templeton & Sons, Inc................... RF321-20262
Morgan Adhesives Company.......................... RF321-20358
Par-Co Drilling, Inc.............................. RF272-98983
Paraco Gas Corp................................... RF321-20588
Schwan's Sales Enterprises, Inc................... RF321-20366
Tap Air Portugal.................................. RF272-92485
Tungsten Products Corp............................ RF272-92490
Van Dusen Airport Service Company................. RF272-92151
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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: May 15, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-12495 Filed 5-19-95; 8:45 am]
BILLING CODE 6450-01-P