[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Notices]
[Pages 61109-61110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30004]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Determination of Excess Petroleum Violation Escrow Funds for
Fiscal Year 1998
AGENCY: U.S. Department of Energy, Office of Hearings and Appeals.
ACTION: Notice of determination of excess monies pursuant to the
Petroleum Overcharge Distribution and Restitution Act of 1986.
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SUMMARY: The Petroleum Overcharge Distribution and Restitution Act of
1986 requires the Secretary of Energy to determine annually the amount
of oil overcharge funds held in escrow that is in excess of the amount
needed to make restitution to injured parties. Notice is hereby given
that $20,610,767 of the amounts currently in escrow is determined to be
excess funds for fiscal year 1998. Pursuant to the statutory directive,
these funds will be made available to state governments for use in
specified energy conservation programs.
FOR FURTHER INFORMATION: Thomas O. Mann, Deputy Director, Roger
Klurfeld, Assistant Director, Office of Hearings and Appeals, U.S.
Department of Energy, 1000 Independence Avenue, SW., Washington, DC
20585-0107, (202) 426-1492 [Mann]; (202) 426-1449 [Klurfeld].
SUPPLEMENTARY INFORMATION: The Petroleum Overcharge Distribution and
Restitution Act of 1986 (hereinafter PODRA), contained in Title III of
the Omnibus Budget Reconciliation Act of 1986, Pub. L. No. 99-509,
establishes certain procedures for the disbursement of funds collected
by the Department of Energy (hereinafter DOE) pursuant to the Emergency
Petroleum Allocation Act of 1973 (hereinafter EPAA) or the Economic
Stabilization Act of 1970 (hereinafter ESA). These funds, commonly
referred to as oil overcharge funds, are monies obtained through
enforcement actions instituted to remedy actual or alleged violations
of those Acts.
PODRA requires the DOE, through the Office of Hearings and Appeals
(hereinafter OHA), to conduct proceedings under 10 CFR Part 205,
Subpart V, to accept claims for restitution from the public and to
refund oil overcharge monies to persons injured by violations of the
EPAA or the ESA. In addition, PODRA requires the Secretary of Energy to
determine annually the amount of oil overcharge funds that will not be
required for restitution to injured parties in these refund proceedings
and to make this excess available to state governments for use in four
energy conservation programs. This determination must be published in
the Federal Register within 45 days after the beginning of each fiscal
year. The Secretary has delegated this responsibility to the OHA
Director.
Notice is hereby given that based on the best currently available
information, $20,610,767 is in excess of the amount that is needed to
make restitution to injured parties.
To arrive at that figure, the OHA has reviewed all accounts in
which monies covered by PODRA are deposited. PODRA generally covers all
funds now in DOE escrow which are derived from alleged violations of
the EPAA or the ESA, with certain exclusions. Excluded are funds which
(1) have been identified for indirect restitution in orders issued
prior to enactment of PODRA; (2) have been identified for direct
restitution in a judicial or administrative order; or (3) are
attributable to alleged violations of regulations governing the pricing
of crude oil and subject to the settlement agreement in In re The
Department of Energy Stripper Well Exemption Litigation, M.D.L. No. 378
(D. Kan., July 7, 1986). As of September 30, 1997, the total in escrow
subject to the PODRA procedures was $96,366,739.
The OHA has employed the following methodology to determine the
amount of excess funds. We took special account of the provision of
PODRA which directs that ``primary consideration [be given] to assuring
that at all times sufficient funds (including a reasonable reserve) are
set aside for making [direct] restitution.'' Thus, in proceedings in
which refund claims are pending, we have on a claim-by-claim basis
examined pending claims and established reserves sufficient to pay the
amount of these claims. The reserves also include all refunds ordered
by the OHA since the end of the last fiscal year on September 30, 1997,
but not yet paid. For proceedings in which all claims have been
considered or in which no claims have been filed, and the deadline for
filing claims has passed, all funds remaining are excess. Small amounts
of interest accrued, until transfer, on funds in accounts that were
closed (with a zero balance) in the fiscal year 1997 PODRA
determination (61 FR 58545 (1996)) are included as part of the
``excess'' for fiscal year 1998. No ``other commitments'' are reflected
in the reserves.
As indicated above, the total escrow account equity subject to
PODRA is $96,366,739. The total amount needed as reserves for direct
restitution in those cases is $75,755,972. When this figure is
subtracted from the former, the remainder--$20,610,767--is the amount
in fiscal year 1998 that is ``in excess'' of the amount that will be
needed to make restitution to injured persons. The Appendix to this
Notice sets forth for each refund case within the OHA's jurisdiction
the total amount eligible for distribution under PODRA and the
``excess'' amount.
Accordingly, $20,610,767 will be transferred to a separate account
within the United States Treasury and made available to the States for
use in the designated energy conservation programs in the manner
prescribed by PODRA.
Dated: November 7, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Amount Available for Indirect Restitution in FY 1998
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Equity as of Amount available
Name of company Consent order number Sept. 30, 1997 in FY 98
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ATLANTIC RICHFIELD CO (ARCO)......... RARH00001Z $11,566,398.41 $7,000,000.00
ENRON CORPORATION.................... 730V00221Z 21,225,255.49 3,200,000.00
TEXACO INC........................... RTXE006A1Z 3,166,580.85 3,166,580.85
[[Page 61110]]
ANCHOR GASOLINE CORPORATION.......... 740S01247Z 4,821,029.39 1,500,000.00
GETTY OIL COMPANY.................... RGEA00001Z 6,515,165.75 1,500,000.00
EASON OIL COMPANY.................... 740S01314Z 4,771,886.91 1,000,000.00
PERMIAN CORPORATION.................. 650X00246T 1,607,933.32 1,000,000.00
WITCO CHEMICAL CORP.................. 240S00054Z 912,335.34 912,335.34
HOUMA OIL CO......................... 640H10422W 432,725.63 432,725.63
GULF OIL CORPORATION................. RGFA00001Z 3,914,723.65 400,000.00
ESTE OIL COMPANY..................... 533H00163T 76,895.24 76,895.24
PRODUCT TRACKING--PODRA.............. 999DOE005W 68,191.04 68,191.04
G & G OIL COMPANY.................... 550H00332T 59,892.61 59,892.61
KICKAPOO OIL......................... 570H00214T 49,785.49 49,785.49
BELL FUELS INC....................... 570H00195T 41,441.15 41,441.15
RECO PETROLEUM INC................... 320H00304T 32,290.43 32,290.43
GENERAL PETROLEUM.................... 550H00075T 28,128.31 28,128.31
VERMONT MORGAN CORP.................. 110H00514T 24,729.79 24,729.79
SKINNEY'S INC........................ 400H00227T 19,514.04 19,514.04
CAPITOL 66 OIL COMPANY............... 422H00238T 19,229.53 19,229.53
MAXWELL OIL CO....................... 000H00425Z 18,854.94 18,854.94
LAMPTON-LOVE INC..................... 422T00013T 15,834.29 15,834.29
CUMBERLAND FARMS DAIRY INC........... 120K00497T 7,567.04 7,567.04
EMPIRE GAS CORPORATION............... 720T00521Z 7,392.49 7,392.49
SOS MONARCH OIL CORP................. 240H00498T 7,193.33 7,193.33
N C GINTHER COMPANY.................. 710V03022T 5,983.41 5,983.41
METROPOLITAN PETROLEUM CO, INC....... 414H00171Z 5,736.27 5,736.27
JEDCO INC............................ 421K00107W 4,326.42 4,326.42
E-Z SERVICE INC...................... 400H00220T 3,722.26 3,722.26
BEACON BAY ENTERPRISES, INC.......... 999K90120T 1,015.95 1,015.95
MOCKABEE GAS & FUEL CO............... 311H00342W 752.83 752.83
ELWOOD CHEVRON SERVICE............... 999K90098T 547.67 547.67
DALCO PETROLEUM...................... 660T00642Z 39.86 39.86
MARATHON PETROLEUM CO................ RMNA00001Z 23.33 23.33
SUNSET BLVD CAR WASH................. 999K90113T 22.54 22.54
GENERAL EQUITIES, INC................ 110H00527Z 15.41 15.41
QUANTUM CHEMICAL CORPORATION......... 720V01245Z 0.02 0.02
AOC ACQUISITION CORPORATION.......... RCKH016A1Z 10,089,118.08 0.00
GOOD HOPE REFINERIES INC............. 150S00154Z 3,973,915.80 0.00
GULF STATES OIL & REFINING........... 6E0S00057T 609,991.91 0.00
HUDSON OIL CO. INC................... 740S01258W 9,214,807.75 0.00
INTERCOASTAL OIL CO.................. 940X00076T 35,303.15 0.00
KENNY LARSON OIL CO.................. 000H00439W 5,152.10 0.00
MACMILLAN OIL COMPANY, INC........... 730T00031Z 601,344.51 0.00
OASIS PETROLEUM CORP................. 940X00217Z 2,174,279.49 0.00
SHELL OIL COMPANY.................... RSHA00001Z 5,670.793.37 0.00
TESORO PETROLEUM CORP................ BUBBBBBBBB 2,117,333.61 0.00
VESSELS GAS PROCESSING, LTD.......... 740V01387W 2,441.538.79 0.00
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Totals........................... ................................... 96,366,738.99 20,610,767.51
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[FR Doc. 97-30004 Filed 11-13-97; 8:45 am]
BILLING CODE 6450-01-P