Federal Register / Vol. 60, No. 105 / Thursday, June 1, 1995 / Notices 28603

This order is available for inspection

and copying in the Office of Fuels

Programs Docket Room, 3F–056,

Forrestal Building, 1000 Independence

Avenue, SW., Washington, DC 20585,

(202) 586–9478. The docket room is

open between the hours of 8:00 a.m. and

4:30 p.m., Monday through Friday,

except Federal holidays.

Issued in Washington, D.C., May 16, 1995.

Clifford P. Tomaszewski,

Director, Office of Natural Gas, Office of Fuels

Programs, Office of Fossil Energy.

[FR Doc. 95–13325 Filed 5–31–95; 8:45 am]

BILLING CODE 6450–01–P

[FE DOCKET NO 95–28–NG]

Western Gas Resources, Inc.; Order

Granting Blanket Authorization To

Import and Export Natural Gas From

and to Canada

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of order.

SUMMARY: The Office of Fossil Energy of

the Department of Energy gives notice

that it has issued an order granting

Western Gas Resources, Inc.

authorization to import up to 73 Bcf of

natural gas from Canada and export up

to 73 Bcf of natural gas to Canada over

a two-year term beginning on the date

of the first import or export after June

16, 1995.

This order is available for inspection

and copying in the Office of Fuels

Programs Docket Room, 3F–056,

Forrestal Building, 1000 Independence

Avenue, SW., Washington, DC 20585,

(202) 586–9478. The docket room is

open between the hours of 8:00 a.m. and

4:30 p.m., Monday through Friday,

except Federal holidays.

Issued in Washington, D.C., May 18, 1995.

Clifford P. Tomaszewski,

Director, Office of Natural Gas, Office of Fuels

Programs, Office of Fossil Energy,

[FR Doc. 95–13326 Filed 5–31–95; 8:45 am]

BILLING CODE 6450–01–P

Office of Hearings and Appeals

Implementation of Special Refund

Procedures

AGENCY: Office of Hearings and Appeals,

Department of Energy.

ACTION: Notice of Implementation of

Special Refund Procedures.

SUMMARY: The Office of Hearings and

Appeals (OHA) of the Department of

Energy (DOE) announces the procedures

for disbursement of $866,352.24, plus

accrued interest, in refined petroleum

product violation amounts obtained by

the DOE pursuant to Consent Orders

issued to Bell Fuels, Inc., et al., Case

Nos. LEF–0061, et al. In the absence of

sufficient information to implement

direct restitution to injured customers of

the consenting firms, the OHA has

determined that if no such customers

come forward, the funds obtained from

these firms, plus accrued interest, will

be made available to state governments

for use in four energy conservation

programs.

DATE AND ADDRESS: Applications for

Refund from customers of the

consenting firms must be filed in

duplicate and sent to:

Office of Hearings and Appeals,

Department of Energy, 1000

Independence Ave., SW., Washington,

DC 20585.

Applications should display a

prominent reference to the name of the

consenting firm in question and the

appropriate case number. Applications

should be postmarked by September 29,

1995.

FOR FURTHER INFORMATION CONTACT:

Thomas O. Mann, Deputy Director,

Roger Klurfeld, Assistant Director,

Office of Hearings and Appeals, 1000

Independence Avenue, SW.,

Washington, DC 20585, (202) 586–2094

(Mann); 586–2383 (Klurfeld).

SUPPLEMENTARY INFORMATION:

In accordance with 10 CFR

205.282(b), notice is hereby given of the

issuance of the Decision and Order set

out below. This Decision and Order sets

forth the procedures that the DOE has

formulated to distribute $866,352.24,

plus accrued interest, obtained by the

DOE pursuant to Consent Orders issued

to eighteen resellers and retailers of

refined petroleum products. The

Consent Orders settled DOE allegations

that, during periods between 1973 and

1981, the firms had sold certain refined

petroleum products at prices in excess

of the maximum lawful selling price, in

violation of Federal petroleum price

regulations. The names of the firms,

their case numbers, the dates of the

settlement periods, the products

covered by each Consent Order, and the

amounts received from each firm are set

forth in the Appendix to the Decision.

Since it lacks sufficient information to

implement a standard first-stage refund

process, the OHA has determined that it

will accept refund claims from any

injured customers of the consenting

firms who come forward and will devise

refund procedures based on the

information these applicants provide. If

no applicants come forward, all of the

funds obtained from the firms will be

made available for indirect restitution in

accordance with the provisions of the

Petroleum Overcharge Distribution and

Restitution Act of 1986 (PODRA), 15

U.S.C. 4501–07. The funds will be

distributed to state governments for use

in four energy conservation programs.

Applications for Refund must be

postmarked by September 29, 1995.

Instructions for the completion of

refund applications are set forth in the

Decision that immediately follows this

notice. Applications should be sent to

the address listed at the beginning of

this notice.

Unless labeled as ‘‘confidential,’’ all

submissions must be made available for

public inspection between the hours of

1 p.m. and 5 p.m., Monday through

Friday, except federal holidays, in the

Public Reference Room of the Office of

Hearings and Appeals, located in Room

1E–234, 1000 Independence Avenue,

SW., Washington, DC 20585.

Dated: May 19, 1995.

George B. Breznay,

Director, Office of Hearings and Appeals.

Decision and Order of the Department

of Energy; Implementation of Special

Refund Procedures

May 19, 1995.

Names of Firms: Bell Fuels, Inc., et al.

Dates of Filing: July 20, 1993, November 16,

1993.

Case Numbers: LEF–0061, et al.

On July 20 and November 16, 1993, the

Economic Regulatory Administration (ERA)

of the Department of Energy (DOE) filed

Petitions for the Implementation of Special

Refund Procedures with the Office of

Hearings and Appeals (OHA), to distribute

the funds received pursuant to Consent

Orders entered into by the DOE and the

eighteen petroleum resellers and retailers

listed in the Appendix to this Decision and

Order (hereinafter collectively referred to as

the consenting firms). In accordance with the

provisions of the procedural regulations at 10

C.F.R. Part 205, Subpart V (Subpart V), the

ERA requests in its Petitions that the OHA

establish special procedures to make refunds

in order to remedy the effects of regulatory

violations set forth in the Consent Orders.

I. Background

Each of the consenting firms was a reseller

or retailer of refined petroleum products

during the periods relevant to this

proceeding. ERA audits of the consenting

firms revealed possible violations of the

Mandatory Petroleum Price Regulations.

Subsequently, each of these firms entered

into a separate Consent Order with the DOE

in order to settle its disputes with the DOE

concerning certain sales of refined petroleum

products. Pursuant to these Consent Orders,

the firms agreed to pay to the DOE specified

amounts in settlement of their potential

liability with respect to sales to their

customers during the settlement periods. The

firms’ payments are currently being held in

separate interest-bearing accounts pending
28604 Federal Register / Vol. 60, No. 105 / Thursday, June 1, 1995 / Notices

1Under the Privacy Act of 1974, the submission

of a social security number by an individual

applicant is voluntary. An applicant that does not

submit a social security number must submit an

employer identification number if one exists. 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 C.F.R. 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. Unless an

applicant claims confidentiality, this information

will be available to the public in the Public

Reference Room of the Office of Hearings and

Appeals.

2As in other refund proceedings involving

alleged refined product violations, the DOE will

presume that affiliates of a consenting 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 consenting

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 consenting firm were granted a refund, the

consenting firm would be indirectly compensated

from a Consent Order fund remitted to settle its

own alleged violations.

distribution by the DOE. The names of the

firms, their addresses, the dates of the

settlement periods and of the Consent

Orders, the amount received from each firm,

and the products covered by each Consent

Order are set forth in the Appendix to this

Decision.

II. Jurisdiction and Authority

The Subpart V regulations set forth general

guidelines which may be used by the OHA

in formulating and implementing a plan of

distribution of funds received as a result of

an enforcement proceeding. The DOE policy

is to use the Subpart V process to distribute

such funds. For a more detailed discussion

of Subpart V and the authority of the OHA

to fashion procedures to distribute refunds,

see Petroleum Overcharge Distribution and

Restitution Act of 1986, 15 U.S.C. §§ 4501 et

seq. (PODRA), Office of Enforcement, 9 DOE

¶ 82,508 (1981), and Office of Enforcement, 8

DOE ¶ 82,597 (1981) (Vickers).

III. Refund Procedures

On April 3, 1995, the OHA issued a

Proposed Decision and Order (PD&O)

establishing tentative procedures to

distribute the Consent Order funds. That

PD&O was published in the Federal Register,

and a 30-day period was provided for the

submission of comments regarding our

proposed refund plan. See 60 Fed. Reg.

18809 (April 13, 1995). More than 30 days

have elapsed and the OHA has received no

comments concerning these proposed refund

procedures. Consequently, the procedures

will be adopted as proposed.

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 of such a proceeding, those who bought

refined petroleum products from the

consenting firms may apply for refunds,

which are 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 period covered by the

consent order. In the second stage, any funds

remaining after all first-stage claims are

decided are distributed in accordance with

PODRA.

In the cases covered by this Decision,

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 the relevant petroleum products

sold by the consenting firms during the

settlement 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

the products specified in the Appendix from

the consenting firms during the periods

shown in the Appendix. We will work with

those claimants to develop additional

information that would enable us to

determine who should receive refunds and in

what amounts.

To apply for a refund from any of the

Consent 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,

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 the name and address of the person who

should receive any refund check.1

(2) A monthly purchase schedule covering

the relevant settlement 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

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 should be

submitted;

(4) If the applicant is or was in any way

affiliated with the consenting firm, it should

explain this affiliation, including the time

period in which it was affiliated; 2

(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 be placed in the OHA

Public Reference Room.

All applications should be either typed or

printed and clearly labeled with the name

and case number of the relevant consenting

firm. 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

postmarked on or before September 29, 1995,

and sent to: Office of Hearings and Appeals,

Department of Energy, 1000 Independence

Ave., S.W., Washington, D.C. 20585.

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); 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 before

granting any refund in these proceedings.

If no claims are received, we will distribute

all of the funds received from the consenting

firms in accordance with the provisions of

PODRA. See Green Oil Company, 20 DOE

¶ 85,450 (1990). PODRA requires that the

Secretary of Energy determine annually the

amount of oil overcharge funds that will not

be required to refund monies to injured

parties in Subpart V proceedings and make

those funds available to state governments for

use in four energy conservation programs.

The Secretary has delegated those

responsibilities to the OHA, and any funds

that the OHA determines will not be needed

to effect direct restitution to injured

customers will be distributed in accordance

with the provisions of PODRA.

It Is Therefore Ordered That:

(1) Applications for Refund from the funds

remitted to the Department of Energy by the

firms listed in the Appendix to this Decision

and Order pursuant to the Consent Orders

whose dates are set forth in the Appendix

may now be filed.
Federal Register / Vol. 60, No. 105 / Thursday, June 1, 1995 / Notices 28605

(2) Applications for Refund must be

postmarked no later than September 29,

1995.

George B. Breznay,

Director, Office of Hearings and Appeals.

Date: May 19, 1995.

APPENDIX

Case No. Firm Address Settlement period

Date of

consent

order

Amount

received Product

LEF–0061 Bell Fuels, Inc. ............... 4116 W. Peterson Ave.,

Chicago, IL 60646.

1/1/79–11/30/79 8/31/82 $33,973.12 Gasoline.

LEF–0062 Este Oil Co. ................... 5556 Vine St., Cincinnati, OH 45217.11/1/73–1/28/81 5/13/83 63,033.90 Refined petroleum products.

LEF–0063 G&G Oil Co. of Indiana,

Inc..

220 E. Centennial Ave.,

Muncie, IN 47305.

4/1/79–12/31/79 2/1/83 49,097.11 Do.

LEF–0064 General Petroleum Products, Inc..P.O. Box 209, Gary, IN

46402.

11/1/73–4/30/74 7/13/83 23,060.52 Do.

LEF–0065 Reco Petroleum, Inc. ..... 100 N. 4th St., Reading,

PA 19601.

3/1/79–1/30/81 2/8/83 26,472.40 Gasoline.

LEF–0066 SOS Monarch Oil Corp. East Village Rd., Tuxedo, NY 10987.4/1/79–9/30/79 10/25/82 5,901.03 Do.

LEF–0067 Capitol 66 Oil Co. .......... P.O. Box 2839, Jackson,

MS 39207.

11/1/73–3/31/74 9/15/82 15,766.43 Refined petroleum products.

LEF–0068 Cumberland Farms

Dairy, Inc..

777 Dedham St., Canton, MA 02021.1/1/73–1/28/81 4/17/83 183,193.74 Gasoline.

LEF–0069 Kickapoo Oil Co. ............ 215 E. Madison, Hillsboro, WI 54634.3/1/79–8/31/79 9/24/82 40,812.58 Propane.

LEF–0070 Lampton-Love, Inc. ........ P.O. Drawer 1607, Jackson, MS 39205.11/73–4/74 9/30/82 12,983.93 Gasoline.

LEF–0071 Skinny’s Inc. .................. 5189 Texas Ave., Abilene, TX 79608.3/1/79–3/31/80 9/2/82 16,000.00 Do.

LEF–0072 Vermont Morgan Corp ... 114 Broadway, Saratoga, NY 12866.4/1/79–6/30/79 4/5/83 20,275.00 Do.

LEF–0075 Bob’s Broadway Shell ... 220 W. 17th St., Santa

Ana, CA 92708.

8/1/79–5/7/80 10/8/81 2,100.00 Do.

LEF–0076 Clearview Gulf ............... 3120 Clearview Parkway, Metairie, LA

70002.

4/1/79–7/15/79 8/14/81 594.84 Do.

LEF–0077 E–Z Serve, Inc. .............. P.O. Box 3579, Abilene,

TX 79604.

8/19/73–1/27/81 12/27/82 368,550.56 Do.

LEF–0079 Millbrae Shell ................. 825 Spruance Ln., Foster City, CA 94404.8/1/79–11/30/79 3/5/82 2,500.00 Do.

LEF–0080 Bob Hutchinson, Inc. ..... 1334 Breckenridge St.,

San Leandro, CA

94579.

8/1/79–11/30/79 3/5/82 1,762.07 Do.

LEF–0116 Maxwell Oil Co., Inc. ..... P.O. Box 1936, Olympia,

WA 98507.

5/1/79–12/1/79 9/1/81 275.01 Do.

[FR Doc. 95–13305 Filed 5–26–95; 8:45 am]

BILLING CODE 6450–01–P

Implementation of Special Refund

Procedures

AGENCY: Office of Hearings and Appeals,

Department of Energy.

ACTION: Notice of Implementation of

Special Refund Procedures.

SUMMARY: The Office of Hearings and

Appeals (OHA) of the Department of

Energy (DOE) announces the procedures

for disbursement of a total of

$7,280,202, plus accrued interest, in

crude oil overcharges obtained by the

DOE from MAPCO, Inc. and MAPCO

International, Inc., Case No. VEF–0004

(MAPCO). The OHA has determined

that the funds obtained from MAPCO,

plus accrued interest, will be distributed

in accordance with the DOE’s Modified

Statement of Restitutionary Policy in

Crude Oil Cases, 51 Fed. Reg. 27899

(August 4, 1986).

DATE AND ADDRESSES: Applications for

Refund should be filed in duplicate and

sent to: Subpart V Crude Oil Overcharge

Refunds, Office of Hearings and

Appeals, Department of Energy, 1000

Independence Ave., SW., Washington,

DC 20585

Applications must be postmarked no

later than June 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas O. Mann, Deputy Director,

Roger Klurfeld, Assistant Director,

Office of Hearings and Appeals, 1000

Independence Avenue, SW.,

Washington, DC 20585, (202) 586–2094

(Mann); 586–2383 (Klurfeld).

SUPPLEMENTARY INFORMATION: In

accordance with 10 CFR 205.282(c),

notice is hereby given of the issuance of

the Decision and Order set out below.

The Decision and Order sets forth the

procedures that the DOE has formulated

to distribute a total of $7,280,202, plus

accrued interest, remitted to the DOE by

MAPCO, Inc. and MAPCO International,

Inc. to the DOE. The DOE is currently

holding these funds in an interest

bearing account pending distribution.

The OHA will distribute these funds

in accordance with the DOE’s Modified

Statement of Restitutionary Policy in