[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Pages 48677-48679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23629]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders Week of May 1 through 
May 5, 1995

    During the week of May 1 through May 5, 1995, the decisions and 
orders summarized below were issued with respect to appeals, 
applications, petitions, or other requests 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.
    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. 20585-0107, 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. Some decisions and 
orders are available on the Office of

[[Page 48678]]

Hearings and Appeals World Wide Web site at http://www.oha.doe.gov.

    Dated: August 28, 1996.
Thomas O. Mann,
Acting Director, Office of Hearings and Appeals.

Refund Applications

Aluminum Company of America, 5/4/95, RR272-197

    The Aluminum Company of America (Alcoa) applied for a crude oil 
overcharge refund based on its purchases of calcined petroleum coke 
from non-refiners. The DOE pointed out that in order to be eligible for 
a refund, petroleum products must be either covered by regulations 
promulgated pursuant to the EPAA, purchased from a refiner, or from a 
reseller that has not substantially changed the product. Since calcined 
petroleum coke was not a product covered by EPAA regulations, and Alcoa 
did not purchase it from a refiner, the product did not meet either of 
the first two tests. The DOE then found that turning green coke into 
calcined coke substantially changes green petroleum coke. Accordingly, 
the DOE found that the calcined coke that Alcoa purchased did not meet 
the third test. The DOE concluded that Alcoa's calcined petroleum coke 
purchased from non-refiners did not constitute a product eligible for a 
refund in the crude oil overcharge refund proceeding. The application 
was therefore denied.

Atlantic Richfield Company/ Ford Motor Company, Ford Tractor 
Operations, 5/5/95, RF304-14123; RF304-12217

    Applications were filed in the ARCO special refund proceeding by 
Ford Motor Company and Ford Tractor Operations for purchases made under 
the name Ford Tractor Operations. The DOE found that Ford Tractor 
Operations was an unincorporated subdivision of Ford Motor Company at 
the time it was sold and that the sale did not transfer the right to 
the ARCO refund to the new owner. Accordingly, the application filed by 
Ford Motor Company was granted and that filed by Ford Tractor 
Operations was denied.

Crude Oil Supplemental Refund Distribution, 5/5/95, RB272-00001

    The DOE issued the first Decision and Order in connection with the 
second supplemental refund distribution of a portion of the DOE's crude 
oil funds. In that Decision and Order, the DOE granted 20 crude oil 
supplemental refunds at a per gallon volumetric rate of $0.0008.

Fryman's Gas Sales & Service, et al., 5/4/95, RF272-62414, et al.

    The DOE issued a Decision and Order concerning eight Applications 
for Refund submitted in the Subpart V crude oil refund proceeding by 
eight propane resellers. In an attempt to prove injury, the applicants 
submitted their ``banks'' of unrecovered product costs, testimony by 
Dr. Peter Linneman given at the Stripper Well hearing, a report by Dr. 
Linneman concerning the absorption of crude oil cost increases in the 
liquid propane gas industry, and another report by Dr. Linneman 
concerning the Texas and Oklahoma regional propane prices related to 
crude oil price increases. The DOE determined that these submissions 
did not demonstrate that the applicants were injured by crude oil 
overcharges. Accordingly, the DOE denied these eight applicants.

National Helium Corp./Oregon, Time Oil Company/Oregon, Coline Gasoline 
Corp./Oregon, Belridge Oil Company/Oregon, Perry Gas Processors/Oregon, 
Palo Pinto Oil and Gas/Oregon, 5/5/95, RQ3-591; RQ334-592; RQ2-593; 
RQ8-594; RQ183-595; RQ5-596

    The DOE issued a Decision and Order granting a second-stage refund 
application filed by the State of Oregon and modifying the standard 
that will be used to evaluate future second-stage refund applications. 
Under the new standard adopted in this Decision, the DOE will evaluate 
applications for second-stage funds according to the same criteria that 
govern the use of Stripper Well and other crude oil overcharge monies. 
Those criteria are set forth in the Stripper Well Settlement Agreement 
and DOE's Modified Statement of Restitutionary Policy in Crude Oil 
Cases. Oregon requested a total of $1,618,480 in principal and interest 
allocated to it in the National Helium Corp., Time Oil Company, Coline 
Gasoline Corp., Belridge Oil Company, Perry Gas Processors, and Palo 
Pinto Oil and Gas special refund proceedings to fund three energy 
conservation programs. The first program will use $500,000 to implement 
telecommuting programs in one densely populated region in Oregon and to 
encourage the expansion of telecommuting state-wide. The second program 
will allocate $578,184 to provide weatherization assistance and other 
energy-conservation measures for low-income homes. The DOE found that 
the telecommuting and weatherization assistance programs would provide 
timely restitutionary benefits to injured consumers of refined 
petroleum products. In accordance with prior Decisions approving 
similar second-stage proposals, the DOE approved both programs. 
Oregon's third proposal will use $540,296 to fund energy-saving 
measures in public buildings. Although this type of program has 
previously been rejected in second-stage proceedings, the DOE found 
that Oregon's Public Buildings Energy Savings Program was acceptable 
under the new standard. Accordingly, Oregon's second-stage refund 
applications were granted.

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/AL'S AUTO SUPPLY ET AL........  RF304-13340                                  05/03/95
FCS INDUSTRIES, INC......................................  RF272-89010                                  05/03/95
FREIGHT CONSOLIDATED SERVICE.............................  RF272-97246                                          
GULF OIL CORPORATION/AVANTI GULF.........................  RF300-18749                                  05/04/95
GULF OIL CORPORATION/DOW BADISCHE COMPANY................  RF300-20049                                  05/05/95
BASF WYANDOTTE CHEMICALS.................................  RF300-20302                                          
TEXACO INC./D & R TEXACO, INC. ET AL.....................  RF321-17187                                  05/04/95
TEXACO INC./MIKE'S TEXACO ET AL..........................  RF321-12639                                  05/03/95
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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A.G. HOLLEY STATE HOSPITAl...................  RF272-88875              
ALBANY CITY UNIFIED SCHOOL DISTRICT..........  RF272-88843              

[[Page 48679]]

                                                                        
ALLING & CORY PAPER..........................  RF272-92101              
BEST CANDLES OF FLORIDA......................  RF321-20326              
BROKEN BOW TEXACO............................  RF321-20733              
CITY OF BOLIVAR..............................  RF272-88844              
CITY OF CHICO................................  RF272-88545              
CITY OF GULFPORT.............................  RF272-88880              
CITY OF RUSSELLVILLE.........................  RF272-88058              
CLAY CENTER PUBLIC SCHOOLS...................  RF272-88190              
D&T TEXACO...................................  RF321-17158              
EDGEFIELD COUNTY.............................  RF272-88929              
EMBRY HILLS TEXACO...........................  RF321-20118              
FLORIDA CITY.................................  RF272-88845              
FLORIDA HOSPITAL.............................  RF272-88662              
FLORIDA STATE HOSPITAL.......................  RF272-88717              
G. PIERCE WOOD MEMORIAL HOSPITAL.............  RF272-88663              
K & E WHISTLE STOP...........................  RF304-14188              
LOCKHEED ENVIRONMENTAL SYSTEMS AND             VWA-0001                 
 TECHNOLOGIES COMPANY.                                                  
NORTHEAST FLORIDA STATE HOSPITAL.............  RF272-88652              
PAUL ROYBAL TEXACO...........................  RF321-20626              
RALPH WATSON OIL COMPANY.....................  RF304-14990              
SIKESTON R VI................................  RF272-88735              
SOUTH FLORiDA STATE HOSPITAL.................  RF272-88674              
SPRINGFIELD TWP SCHOOL DISTRICT..............  RF272-88852              
Yah Ta Hey Texaco............................  RF321-18009              
Yellowstone Motel & Texaco...................  RF321-20077              
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[FR Doc. 96-23629 Filed 9-13-96; 8:45 am]
BILLING CODE 6450-01-P