[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