Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices 26085 

3An applicant must submit the social security 

number or employer identification number of the 

person or legal entity that is seeking the refund. 

This information will be used in processing refund 

applications, and is requested pursuant to our 

authority under the Petroleum Overcharge 

Distribution and Restitution Act of 1986 and the 

regulations codified at 10 CFR Part 205, Subpart V. 

The information may be shared with other Federal 

agencies for statistical, auditing or archiving 

purposes, and with law enforcement agencies when 

they are investigating a potential violation of civil 

or criminal law. 

4As in other refund proceedings involving 

alleged refined product violations, the DOE will 

presume that affiliates of a Remedial Order firm 

were not injured by the firm’s overcharges. See, e.g., 

Marathon Petroleum Co./EMRO Propane Co., 15 

DOE ¶ 85,288 (1987). This is because the Remedial 

Order firm presumably would not have sold 

petroleum products to an affiliate if such a sale 

would have placed the purchaser at a competitive 

disadvantage. See Marathon Petroleum Co./Pilot Oil 

Corp., 16 DOE ¶ 85,611 (1987), amended claim 

denied, 17 DOE ¶ 85,291 (1988), reconsideration 

denied, 20 DOE ¶ 85,236 (1990). Furthermore, if an 

affiliate of the Remedial Order firm were granted a 

refund, the remedial order firm would be indirectly 

compensated from a Remedial Order fund remitted 

to settle its own alleged violations. 

the name and address of the person who 

should receive any refund check; 3

(2) A monthly motor gasoline 

gallonage purchase schedule covering 

the price control order period. The 

applicant should specify the source of 

this gallonage information. In 

calculating its purchase volumes, an 

applicant should use actual records 

from the refund period, if available. If 

these records are not available, the 

applicant may submit estimates of its 

motor gasoline purchases, but the 

estimation method must be reasonable 

and must be explained; 

(3) A statement whether the applicant 

or a related firm has filed, or has 

authorized any individual to file on its 

behalf, any other application in that 

refund proceeding. If so, an explanation 

of the circumstances of the other filing 

or authorization must be submitted; 

(4) If the applicant is or was in any 

way affiliated with Powerine or Storey, 

it must explain this affiliation, 

including the time period in which it 

was affiliated; 4

(5) The statement listed below signed 

by the individual applicant or a 

responsible official of the firm filing the 

refund application: 

I swear (or affirm) that the information 

contained in this application and its 

attachments is true to the best of my 

knowledge and belief. I understand that 

anyone who is convicted of providing false 

information to the federal government may 

be subject to a fine, a jail sentence, or both, 

pursuant to 18 U.S.C. 1001. I understand that 

the information contained in this application 

is subject to public disclosure. I have 

enclosed a duplicate of this entire 

application which will made available at 

OHA. 

All applications should be either 

typed or printed and clearly labeled 

with the name and case number of the 

relevant firm (Powerine Oil Company, 

Case No. TEF–0006 or Storey Oil 

Company, Inc., Case No. TEF–0009). 

Each applicant must submit an original 

and one copy of the application. If the 

applicant believes that any of the 

information in its application is 

confidential and does not wish for that 

information to be publicly disclosed, it 

must submit an original application, 

clearly designated ‘‘confidential,’’

containing the confidential information, 

and two copies of the application with 

the confidential information deleted. All 

refund applications should be sent to 

the address below: 

Office of Hearings and Appeals, 

Department of Energy, 1000 

Independence Ave., SW., Washington, 

DC 20585–0107. 

We will adopt the standard OHA 

procedures relating to refund 

applications filed on behalf of 

applicants by ‘‘representatives,’’

including refund filing services, 

consulting firms, accountants, and 

attorneys. See, e.g., Starks Shell Service, 

23 DOE ¶ 85,017 (1993); Texaco Inc., 20 

DOE ¶ 85,147 (1990) (Texaco); Shell Oil 

Co., 18 DOE ¶ 85,492 (1989). We will 

also require strict compliance with the 

filing requirements as specified in 10 

C.F.R. § 205.283, particularly the 

requirement that applications and the 

accompanying certification statement be 

signed by the applicant. The OHA 

reiterates its policy to scrutinize 

applications filed by filing services 

closely. Applications submitted by a 

filing service should contain all of the 

information indicated above. 

Finally, the OHA reserves the 

authority to require additional 

information from an applicant before 

granting any refund in these 

proceedings. 

2. Allocation Claims 

We may receive claims based upon 

Powerine’s or Storey’s failure to furnish 

motor gasoline that they were obliged to 

supply under the DOE allocation 

regulations that became effective in 

January 1974. See 10 CFR Part 211. Any 

such application will be evaluated with 

reference to the standards set forth in 

Texaco (and cases cited therein). See 

Texaco, 20 DOE at 88,321. 

3. Impact of the Petroleum Overcharge 

Distribution and Restitution Act of 1986 

(PODRA) Amendments on Powerine 

and Storey Refined Product Refund 

Claims 

The Interior and Related Agencies 

Appropriations Act for FY 1999 

amended certain provisions of the 

Petroleum Overcharge and Distribution 

and Restitution Act of 1986 (PODRA). 

These amendments extinguished rights 

that refund applicants had under 

PODRA to refunds for overcharges on 

the purchases of refined petroleum 

products. They also identified and 

appropriated a substantial portion of the 

funds being held by the DOE to pay 

refund claims (including the funds paid 

by Powerine and Storey). Congress 

specified that these funds were to be 

used to fund other DOE programs. As a 

result, the petroleum overcharge escrow 

accounts in the refined product area 

contain substantially less money than 

before. In fact they may not contain 

sufficient funds to pay in full all 

pending and future refund claims 

(including those in litigation) if they 

should all be found to be meritorious. 

See Enron Corp./Shelia S. Brown, 27 

DOE ¶ 85,036 at 88,244 (2000) (Brown). 

Congress directed OHA to ‘‘assure the 

amount remaining in escrow to satisfy 

refined petroleum product claims for 

direct restitution is allocated equitably 

among all claimants.’’ Omnibus 

Consolidated and Emergency 

Supplemental Appropriation Act, 1999, 

Pub. L. No. 105–277 § 337, 112 Stat 

2681, 2681–295 (1998) (language added 

to PODRA); Brown, 27 DOE at 88,244. 

In view of this Congressional directive 

and the limited amount of funds 

available, it may become necessary to 

prorate the funds available for the 

meritorious claimants in the Powerine 

and Storey refund proceedings. 

It is therefore ordered that: 

The payments remitted to the 

Department of Energy by Powerine Oil 

Company and Storey Oil Company, Inc., 

pursuant to remedial orders signed on 

August 30, 1991 and June 24, 1987 

respectively, will be distributed in 

accordance with the forgoing Decision. 

[FR Doc. E7–8771 Filed 5–7–07; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

Energy Efficiency Building Technology 

Application Centers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Program notice. 

SUMMARY: The National Energy 

Technology Laboratory, on behalf of the 

Office of Energy Efficiency and 

Renewable Energy’s Building 


cprice-sewell on PROD1PC66 with NOTICES
26086 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices 

Technologies Program, intends to issue 

a Funding Opportunity Announcement 

(FOA) to select and fund EnergyEfficient Building Technology 

Application Centers. This FOA is 

expected to be issued on or about May 

15, 2007. The goal of this funding 

opportunity is to establish 

geographically and climatically diverse 

Energy-Efficient Building Technology 

Application Centers. This goal supports 

the EERE Strategic Plan to increase the 

energy efficiency of the Nation’s 

buildings and the Building Technology 

Program’s Technology Validation and 

Market Introduction activity goal of 

accelerating the widespread market 

adoption of energy-efficient building 

technologies and practices. It also 

encourages demonstration and 

commercial application of advanced 

energy methods and technologies 

through education and outreach to 

building and industry professionals, and 

other individuals and organizations 

with an interest in efficient energy use. 

FOR FURTHER INFORMATION CONTACT: 

James Rannels, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Program Office EE–

2J, 1000 Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586–

8070, E-mail: 

James.Rannels@ee.doe.gov. 

C. Edward Christy, National Energy 

Technology Laboratory, 3610 Collins 

Ferry Road, M/S E–02, Morgantown, 

WV 26507, (304) 285–4604, E-mail: 

Eddie.Christy@netl.doe.gov. 

Dated: May 2, 2007. 

C. Edward Christy, 

Director, Building and Industrial 

Technologies Division. 

[FR Doc. E7–8788 Filed 5–7–07; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. IC07–555–000; FERC–555] 

Commission Information Collection 

Activities, Proposed Collection; 

Comment Request; Extension 

May 1, 2007. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Notice. 

SUMMARY: In compliance with the 

requirements of section 3506(c)(2)(a) of 

the Paperwork Reduction Act of 1995 

(Pub. L. No. 104–13), the Federal Energy 

Regulatory Commission (Commission) is 

soliciting public comment on the 

specific aspects of the information 

collection described below. 

DATES: Comments on the collection of 

information are due July 13, 2007. 

ADDRESSES: For more information on the 

records retention requirements, the 

public can view the Commission’s 

regulations on the Commission’s Web 

site (http://www.ferc.gov/legal/maj-ordreg.asp) or contacting the Federal 

Energy Regulatory Commission, Attn: 

Michael Miller, Office of the Executive 

Director, ED–34, 888 First Street NE., 

Washington, DC 20426. Comments may 

be filed either in paper format or 

electronically. Those parties filing 

electronically do not need to make a 

paper filing. For paper filing, the 

original and 14 copies of such 

comments should be submitted to the 

Secretary of the Commission, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426 

and refer to Docket No. IC07–555–000. 

Documents filed electronically via the 

Internet must be prepared in 

WordPerfect, MS Word, Portable 

Document Format, or ASCII format. To 

file the document, access the 

Commission’s Web site at http:// 

www.ferc.gov and click on ‘‘Make an Efiling’’, and then follow the instructions 

for each screen. First time users will 

have to establish a user name and 

password. The Commission will send an 

automatic acknowledgement to the 

sender’s e-mail address upon receipt of 

comments. 

All comments may be viewed, printed 

or downloaded remotely via the Internet 

through FERC’s homepage using the 

eLibrary link. For user assistance, 

contact FERCOlineSupport@ferc.gov or 

toll-free at (866) 208–3676. or for TTY, 

contact (202) 502–8659. 

FOR FURTHER INFORMATION CONTACT: 

Michael Miller may be reached by 

telephone at (202) 502–8415, by fax at 

(202)273–0873, and by e-mail at 

michael.miller@ferc.gov. 

SUPPLEMENTARY INFORMATION: The 

information collected under the 

requirements of FERC–555 ‘‘Records 

Retention Requirements’’ (OMB No. 

1902–0098) is used by the Commission 

to carry out its responsibilities in 

implementing the statutory provisions 

of sections 301, 304 and 309 of the 

Federal Power Act (FPA) (16 U.S.C. 825, 

825c and 825h), sections 8, 10 and 16 

of the Natural Gas Act (NGA) (15 U.S.C. 

717–717w), and section 20 of the 

Interstate Commerce Act (ICA, 49 U.S.C. 

20). 

The regulations for preservation of 

records establish retention periods, 

necessary guidelines and requirements 

to sustain retention of applicable 

records for the regulated public utilities, 

natural gas and oil pipeline companies 

subject to the Commission’s 

jurisdiction. These records will be used 

by the regulated companies as the basis 

for their required rate filings and reports 

for the Commission. In addition, the 

records will be used by the 

Commission’s audit staff during 

compliance reviews, by enforcement 

staff during investigations and for 

special analyses as deemed necessary by 

the Commission. The records retained 

by jurisdictional companies as directed 

by the Commission are the result of a 

mandatory requirement. 

On January 8, 1999 the Commission 

issued AI99–2–000, an Accounting 

Issuance providing guidance on records 

storage media. Specifically, FERC gave 

each jurisdictional company the 

flexibility to select its own storage 

media. The storage media selected must 

have a life expectancy equal to the 

applicable record period unless the 

quality of the data transferred from one 

media to another with no loss of data 

would exceed the record period. 

On January 27, 2000, FERC issued a 

final rule amending its records retention 

regulations for public utilities and 

licensees, and natural gas and oil 

pipeline companies. These changes 

included revising the general 

instructions, and shortening various 

records retention periods. The final 

rule’s objective was to reduce or 

eliminate burdensome and unnecessary 

regulatory requirements. 

It has been more than seven years 

since the issuance of the final rule and 

the accounting guidance, and 

jurisdictional companies have 

experienced more than sufficient time to 

implement these provisions. In 

responding to this notice, the 

Commission seeks information on 

whether jurisdictional companies have 

obtained substantial reductions in the 

recordkeeping burden for maintaining 

their records under the revised retention 

periods and the use of alternative 

storage media. Further, the Commission 

is interested in learning if and what 

savings were achieved by jurisdictional 

companies by freeing up storage space 

formerly used for retaining records. The 

Commission implements these filing 

requirements in the Code of Federal 

Regulations (CFR) under 18 CFR parts 

125, 225, and 356. 

Action: The Commission is requesting 

a three-year extension of the current 

expiration date, with no changes to the 

existing collection of data. 

Burden Statement: Public reporting 

burden for this collection is estimated 

as: 


cprice-sewell on PROD1PC66 with NOTICES