Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices 26083 

Register on Monday, March 12, 2007 (72 

FR 11092—11198). 

ADDRESSES: U.S. Army Corps of 

Engineers, Attn: CECW–CO, 441 G 

Street NW., Washington, DC 20314–

1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson at 202–761–4922 or by email at david.b.olson@usace.army.mil or 

access the U.S. Army Corps of Engineers 

Regulatory Home Page at http:// 

www.usace.army.mil/inet/functions/cw/ 

cecwo/reg/. 

On page 11172, third column, in the 

first sentence of the fourth full 

paragraph (the preamble discussion of 

the definition of ‘‘discharge’’), delete the 

text following the word ‘‘clarify’’ and 

replace it with the following: ‘‘That this 

term is used in the NWPs to refer to a 

discharge of dredged or fill material.’’

Delete the second sentence of this 

paragraph. 

On page 11185, first column, in Note 

2 of NWP 24, replace the reference to 33 

CFR 322.3(a)(2) with 33 CFR 322.4(b). 

On page 11194, third column, in the 

last sentence of paragraph (a) of general 

condition 27 insert the phrase ‘‘until 

either’’ between the word ‘‘activity’’ and 

the colon. In the first sentence of 

subparagraph (a)(1) of general condition 

27, replace the word ‘‘Until’’ with the 

phrase ‘‘He or she is’’. In the first 

sentence of subparagraph (a)(2) of 

general condition 27, delete the word 

‘‘If’’ and replace the number 45 with the 

words ‘‘Forty-five’’. 

On page 11196, second column, in the 

definition of ‘‘discharge’’, insert a 

period after the word ‘‘material’’ and 

delete the rest of the sentence. 

Dated: May 3, 2007. 

Mark F. Sudol, 

Acting Chief, Operations, Directorate of Civil 

Works. 

[FR Doc. E7–8782 Filed 5–7–07; 8:45 am] 

BILLING CODE 3710–92–P 

DEPARTMENT OF EDUCATION 

National Assessment Governing 

Board; Meeting 

AGENCY: Department of Education, 

National Assessment Governing Board. 

ACTION: Notice; correction. 

SUMMARY: The National Assessment 

Governing Board published a document 

in the Federal Register of May 2, 2007, 

announcing the schedule and proposed 

agenda of a forthcoming meeting of the 

National Assessment Governing Board. 

The meeting agenda has been revised. 

FOR FURTHER INFORMATION CONTACT: 

Munira Mwalimu at (202) 357–6906. 

Correction 

In the Federal Register of May 2, 

2007, in FR DOCID: fr02my07–43, 

Volume 72, Number 84, page 24282, 

delete the sentence ‘‘Assessment 

Development Committee: Open 

Session12 p.m. to 3 p.m.’’ and delete the 

sentence on page 24282 that reads ‘‘On 

May 17, the Assessment Development 

Committee will meet in open session 

from 12 p.m. to 3 p.m.’’ This meeting of 

the Assessment Development 

Committee is cancelled. 

On page 24282, delete the paragraph 

that reads ‘‘On May 18, the full Board 

will meet in closed session from 12:15 

p.m. to 1:45 p.m. The Board will receive 

a briefing provided by the National 

Center for Education Statistics on the 

NAEP 2006 U.S. History and Civics 

Report Cards. The Governing Board will 

be provided with embargoed data that 

cannot be discussed in an open meeting 

prior to their official release. The 

meeting must therefore be conducted in 

closed session as disclosure of data 

would significantly impede 

implementation of The Nation’s Report 

Card initial release activities, as 

protected by exemption 9(B) of section 

552b(c) of Title 5 U.S.C.’’ Replace this 

paragraph with the following sentence, 

‘‘On May 18, the full Board will meet in 

open session from 12:15 p.m. to 1:45 

p.m. to receive a briefing provided by 

the National Center for Education 

Statistics on the NAEP 2006 U.S. 

History and Civics Report Cards.’’ This 

session of the Board meeting is now 

open to the public. 

Electronic Access to This Document: 

You may view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister/index.html. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free at 1–888–

293–6498; or in the Washington, DC, 

area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: May 3, 2007. 

Charles E. Smith, 

Executive Director, U.S. Department of 

Education, National Assessment Governing 

Board. 

[FR Doc. E7–8800 Filed 5–7–07; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Office of Hearings and Appeals; 

Proposed Implementation of Special 

Refund Procedures 

AGENCY: Office of Hearings and Appeals, 

Department of Energy. 

ACTION: Notice of Proposed 

Implementation of Special Refund 

Procedures. 

SUMMARY: The Office of Hearings and 

Appeals (OHA) of the Department of 

Energy (DOE) announces the proposed 

procedures for the disbursement of 

$1,592,901, plus accrued interest, in 

motor gasoline overcharges obtained by 

the DOE pursuant to remedial orders 

issued to Powerine Oil Company, Case 

No. TEF–0006, and Storey Oil 

Company, Inc., Case No. TEF–0009. The 

OHA has tentatively determined that the 

funds will be distributed in accordance 

with the provisions of 10 CFR Part 205, 

Subpart V. 

DATES: Comments must be filed in 

duplicate within 30 days of publication 

of this notice in the Federal Register. 

ADDRESSES: Comments should be 

addressed to the Office of Hearings and 

Appeals, Department of Energy, 1000 

Independence Ave., SW., Washington, 

DC 20585–1615. All comments should 

display a reference to Case Nos. TEF–

0006 or TEF–0009. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Cronin, Jr., Assistant 

Director, Office of Hearings and 

Appeals, 1000 Independence Ave., SW., 

Washington, DC 20585–1615, (202) 287–

1589, richard.cronin@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with 10 CFR 205.282(b), 

notice is hereby given of the issuance of 

the Proposed Decision and Order set out 

below. The Proposed Decision sets forth 

the procedures that the DOE has 

tentatively formulated to distribute to 

eligible claimants $1,592,901, plus 

accrued interest, obtained by the DOE 

pursuant to Remedial Orders issued to 

Powerine Oil Company (Powerine) and 

Storey Oil Company, Inc. (Storey). The 

Remedial Orders issued to Powerine 

and Storey adjudicated allegations 

concerning violations of the federal 

petroleum price regulations involving 

the sale of motor gasoline during the 


cprice-sewell on PROD1PC66 with NOTICES
26084 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices 

1See Powerine Oil Company, 21 DOE ¶ 83,008 

(1991); Storey Oil Company, Inc., 16 DOE ¶ 83,007 

(1987). 

2Applications for Refund will be accepted only 

for motor gasoline pricing violations. 

price control period, August 13, 1973 

through January 27, 1981. 

The OHA has proposes to distribute 

the Remedial Order funds in a refund 

proceeding described in the Proposed 

Decision and Order to provide 

restitution for those parties injured by 

Powerine or Storey’s alleged violations 

of pricing regulations for motor 

gasoline. Purchasers of motor gasoline 

from Powerine or Storey will have the 

opportunity to submit refund 

applications. Refunds will be granted to 

applicants who satisfactorily 

demonstrate that they were injured by 

the pricing violations and who 

document the volume of motor gasoline 

they purchased from one of the firms 

during the price control period. 

Any member of the public may 

submit written comments regarding the 

proposed refund procedures. 

Commenting parties are requested to 

forward two copies of their submission, 

within 30 days of the publication of this 

notice in the Federal Register, to the 

address set forth at the beginning of this 

notice. Comments so received will be 

made available for public inspection 

between the hours of 1 p.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays, in Room 7132 ( the public 

reference room), 950 L’Enfant Plaza, 

Washington, DC. 

Fred L. Brown, 

Acting Director, Office of Hearings and 

Appeals. 

Proposed Decision and Order 

Department of Energy 

Implementation of Special Refund 

Procedures 

Names of Firms: Powerine Oil 

Company, Storey Oil Company, Inc. 

Dates of Filing: June 23, 2005. June 23, 

2005. 

Case Numbers: TEF–0006. TEF–0009. 

The Office of General Counsel (OGC) 

of the Department of Energy (DOE) filed 

a Petition requesting that the Office of 

Hearings and Appeals (OHA) formulate 

and implement Subpart V special 

refund proceedings. Under the 

procedural regulations of the DOE, 

special refund proceedings may be 

implemented to refund monies to 

persons injured by violations of the DOE 

petroleum price regulations, provided 

DOE is unable to readily identify such 

persons or to ascertain the amount of 

any refund. 10 CFR 205.280. We have 

considered OGC’s request to formulate 

refund procedures for the disbursement 

of monies remitted by Powerine Oil 

Company (Powerine) and Storey Oil 

Company (Storey) pursuant to Remedial 

Orders DOE has issued regarding them 

and have determined that such 

procedures are appropriate. 

Under the terms of the Remedial 

Orders, Powerine’s bankruptcy trustee 

has remitted a total of $1,546,302 to the 

DOE to remedy motor gasoline retailerreseller pricing violations which 

occurred during the price control 

period, August 13, 1973 through January 

27, 1981. Storey has remitted a total of 

$46,599 to remedy similar violations. 

These funds are being held in an escrow 

account established with the United 

States Treasury pending a determination 

of their proper distribution. This 

Decision sets forth OHA’s proposed 

plan to distribute those funds. The 

specific application requirements we 

propose appear in Section III of this 

Decision. 

I. Background 

Powerine was a privately held 

corporation which operated a refinery 

located in Santa Fe Springs, California 

during the price control period. During 

this period, Storey, operating in 

Colorado, was a reseller of refined 

petroleum products. Economic 

Regulatory Administration audits of 

Powerine and Storey revealed possible 

violations of the Mandatory Petroleum 

Price Regulations (MPPR) in their sales 

of motor gasoline. Subsequently, OHA 

issued Remedial Orders in each case 

directing Powerine and Storey to remit 

to the DOE $7,956,934 and $64,639, 

respectively, in restitution for 

overcharges by each firm in sales to 

their customers during the period of 

price controls.1

II. Jurisdiction and Authority 

The general guidelines that govern 

OHA’s ability to formulate and 

implement a plan to distribute refunds 

are set forth at 10 CFR part 205, subpart 

V. These procedures apply in situations 

where the DOE cannot readily identify 

the persons who were injured as a result 

of actual or alleged violations of the 

regulations or ascertain the amount of 

the refund each person should receive. 

For a more detailed discussion of 

Subpart V and the authority of the OHA 

to fashion procedures to distribute 

refunds, see Office of Enforcement, 9 

DOE ¶ 82,508 (1981) and Office of 

Enforcement, 8 DOE ¶ 82,597 (1981). 

III. Refund Procedures 

A. Allocation of Consent Order Funds 

Both firms’ violations of the MPPR 

involved sales of a refined petroleum 

product—motor gasoline. Consequently, 

all of the funds that have been remitted 

by Powerine and Storey will be 

allocated for restitution to those parties 

injured by the firms’ alleged violations 

of the pricing regulations for motor 

gasoline. 

B. Refined Petroleum Product Refund 

Procedures 

1. Application Requirements 

In cases where the ERA is unable to 

identify parties injured by the alleged 

overcharges or the specific amounts to 

which they may be entitled, we 

normally implement a two-stage refund 

procedure. In the first stage, those who 

bought refined petroleum products from 

the consenting firms may apply for 

refunds, which are typically calculated 

on a pro-rata or volumetric basis. In 

order to calculate the volumetric refund 

amount, the OHA divides the amount of 

money available for direct restitution by 

the number of gallons sold by the firm 

during the price control period. 

In the present case, however, we lack 

much of the information that we 

normally use to provide direct 

restitution to injured customers of the 

consenting firms. In particular, we have 

been unable to obtain any information 

on the volumes of motor gasoline 

products sold by the firms during the 

price control period. Nor do we have 

any information concerning the 

customers of these firms. Based on the 

present state of the record in these 

cases, it would be difficult to implement 

a volumetric refund process. 

Nevertheless, we will accept any refund 

claims submitted by persons who 

purchased motor gasoline from 

Powerine or Storey during the 

settlement periods discussed above. We 

will work with those claimants to 

develop additional information that 

would enable us to determine who 

should receive refunds and in what 

amounts. 2

To apply for a refund from the 

Powerine or Storey Remedial Order 

funds, a claimant should submit an 

Application for Refund containing the 

following information: 

(1) Identifying information including 

the claimant’s name, current business 

address, business address during the 

refund period, social security number or 

taxpayer identification number, a 

statement indicating whether the 

claimant is an individual, corporation, 

partnership, sole proprietorship, or 

other business entity, the name, title, 

and telephone number of a person to 

contact for additional information, and 


cprice-sewell on PROD1PC66 with NOTICES
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