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
28606 Federal Register / Vol. 60, No. 105 / Thursday, June 1, 1995 / Notices

Crude Oil Cases, 51 Fed. Reg. 27899

(August 4, 1986) (the MSRP). Under the

MSRP, crude oil overcharge monies are

divided among the federal government,

the states, and injured purchasers of

refined petroleum products. Refunds to

the states will be distributed in

proportion to each state’s consumption

of petroleum products during the price

control period. Refunds to eligible

purchasers will be based on the volume

of petroleum products that they

purchased and the extent to which they

can demonstrate injury.

The deadline for filing Applications

for Refund is June 30, 1995. A suggested

application form may be obtained by

sending a written request to the address

given at the beginning of this notice. All

applications should also be sent to that

address. As we state in the Proposed

Decision, any party who has previously

submitted a refund application in the

crude oil proceedings should not file

another Application for Refund. The

previously filed crude oil application

will be deemed filed in all crude oil

proceedings as the proceedings are

finalized.

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 Ave., SW.,

Washington, DC 20585.

Dated: May 19, 1995.

George B. Breznay,

Director, Office of Hearings and Appeals.

DEPARTMENT OF ENERGY,

WASHINGTON, DC 20585

May 19, 1995.

Decision and Order of the Department of

Energy

Implementation of Special Refund

Procedures

Name of Firm: MAPCO International, Inc.

Date of Filing: February 23, 1995.

Case Number: VEF–0004.

On February 23, 1995, the Economic

Regulatory Administration (ERA) of the

Department of Energy (DOE) filed a Petition

for the Implementation of Special Refund

Procedures with the Office of Hearings and

Appeals (OHA), to distribute crude oil

overcharge funds received from MAPCO, Inc.

(MAPCO) pursuant to a June 23, 1994

Settlement Agreement. The Settlement

Agreement resolved claims and litigation

arising from an April 21, 1986 Remedial

Order originally issued to MAPCO Inc.’s

subsidiary MAPCO International, Inc.

(MAPCO International) (Case No. HRO–

0193). 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 Petition that the OHA establish special

procedures to make refunds in order to

remedy the effects of alleged regulatory

violations set forth in the Remedial Order.

This Decision and Order sets forth the OHA’s

plan to distribute these funds.

I. Background

During the period relevant to this

proceeding, MAPCO International, Inc. was a

reseller of crude oil. On June 30, 1983, the

ERA issued a Proposed Remedial Order

(PRO) to the firm. The PRO alleged that

during the period from August 1978 through

November 1980 (the audit period), MAPCO

International sold crude oil at prices in

excess of those permitted by 10 C.F.R. Part

212, Subpart L. After considering and

dismissing MAPCO International’s objections

to the PRO, the DOE issued a final Remedial

Order. 14 DOE ¶ 83,019 (1986). MAPCO

International appealed the Remedial Order to

the Federal Energy Regulatory Commission,

which affirmed the Remedial Order. 43 FERC

¶ 63,041 (1988); 56 FERC ¶ 61,063 (1991).

Three years of litigation ensued. MAPCO,

MAPCO International and the DOE finally

resolved all their disputes arising from the

Remedial Order with the June 23, 1994

Settlement Agreement. Pursuant to the

Settlement Agreement, MAPCO remitted to

the DOE the sum of $7,280,202, to which

interest has since accrued. These funds are

being held in an interest-bearing escrow

account maintained at the Department of the

Treasury pending a determination regarding

their proper distribution.

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., Office of Enforcement, 9 DOE ¶ 82,508

(1981), and Office of Enforcement, 8 DOE

¶ 82,597 (1981) (Vickers).

We have considered the ERA’s petition that

we implement Subpart V proceedings with

respect to the MAPCO funds and have

determined that such proceedings are

appropriate. This Decision and Order sets

forth the OHA’s plan to distribute these

funds.

III. Refund Procedures

On April 3, 1995, the OHA issued a

Proposed Decision and Order (PD&O)

establishing tentative procedures to

distribute the MAPCO 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. 18812 (April 13, 1995).

More than 30 days have elapsed and the

OHA has received no comments concerning

the proposed procedures for the distribution

of the MAPCO funds. Consequently, the

procedures will be adopted as proposed.

A. Crude Oil Refund Policy

We will distribute the monies remitted by

MAPCO in accordance with DOE’s Modified

Statement of Restitutionary Policy in Crude

Oil Cases (MSRP). See 51 Fed. Reg. 27899

(August 4, 1986). The MSRP was issued as

a result of a court-approved Settlement

Agreement In Re: The Department of Energy

Stripper Well Exemption Litigation, 653 Fed.

Supp. 108 (D. Kan.), 6 Fed. Energy

Guidelines ¶ 90,509 (1986) (the Stripper Well

Settlement Agreement). This policy has been

applied in all Subpart V proceedings

involving alleged crude oil violations. See

Order Implementing the MSRP, 51 Fed. Reg.

29689 (August 20, 1986) (the August 1986

Order).

Under the MSRP, 40 percent of crude oil

overcharge funds will be refunded to the

federal government, another 40 percent to the

states, and up to 20 percent may initially be

reserved for the payment of claims to injured

parties. The MSRP also specifies that any

funds remaining after all valid claims by

injured purchasers are paid will be disbursed

to the federal government and the states in

equal amounts.

On April 10, 1987, the OHA issued a

Notice analyzing the numerous comments

received in response to the August 1986

Order. 52 Fed. Reg. 11737 (April 10, 1987)

(the April 10 Notice). This Notice provided

guidance to claimants that anticipated filing

refund applications for crude oil monies

under the Subpart V regulations. In general,

we stated that all claimants would be

required to (1) document their purchase

volumes of petroleum products during the

August 19, 1973 through January 27, 1981

crude oil price control period, and (2) prove

that they were injured by the alleged crude

oil overcharges. End-users of petroleum

products whose businesses were unrelated to

the petroleum industry would be presumed

to have been injured by the alleged crude oil

overcharges and would not be required to

submit proof of injury. See City of Columbus,

Georgia, 16 DOE ¶ 85,550 (1987).

B. Refund Claims

The amount of money covered by this

Decision is $7,280,202, plus accrued interest.

In accordance with the MSRP, we will

initially reserve 20 percent of those funds

($1,456,040 in principal, plus accrued

interest) for direct refunds to applicants who

claim that they were injured by crude oil

overcharges.

We will evaluate claims in the MAPCO

crude oil refund proceeding in exactly the

same manner as in other crude oil

proceedings. As we stated in the April 10

Notice, claimants will generally be required

to document their purchase volumes of

petroleum products and prove that they were

injured as a result of the alleged violations.

We will presume that the alleged crude oil

overcharges were absorbed, rather than

passed on, by applicants who were (1) endusers of petroleum products, (2) unrelated to

the petroleum industry, and (3) not subject to

the regulations promulgated under the

Emergency Petroleum Price and Allocation

Act of 1973, 15 U.S.C. §§ 751–760h. In order

to receive a refund, such claimants need not

submit any evidence of injury beyond

documentation of their purchase volumes. It

is the current policy of the DOE to pay all

crude oil refund claims at the rate of $0.0016

per gallon.
Federal Register / Vol. 60, No. 105 / Thursday, June 1, 1995 / Notices 28607

As has been stated in earlier Decisions, a

crude oil refund applicant will only be

required to submit one application for its

share of all available crude oil overcharge

funds. See, e.g., A.Tarricone Inc., 15

DOE ¶85,475 (1987). A party that has already

submitted a claim in any other crude oil

refund proceeding implemented by the DOE

need not file another claim. The deadline for

filing an Application for Refund is June 30,

1995. See 60 Fed. Reg. 19914 (April 21,

1995). Any claimant that has executed a valid

waiver pursuant to one of the escrow

accounts established by the Stripper Well

Agreement, however, has waived its right to

file an application for a Subpart V crude oil

refund. See Mid-American Dairymen v.

Herrington, 878 F. 2d 1448 (Temp. Emer. Ct.

App.), 3 Fed. Energy Guidelines ¶26,617

(1989); In re: Department of Energy Stripper

Well Exemption Litigation, 707 F. Supp.

11267 (D. Kan.), 3 Fed. Energy Guidelines ¿

26,613 (1987).

To apply for a refund, a claimant should

submit an Application for Refund. Each

crude oil Application for Refund should

contain the information specified by the

OHA in past decisions. See Texaco Inc., 19

DOE ¶85,200 at 88,374, corrected, 19

DOE ¶85,236 (1989); Hood Goldsberry, 18

DOE ¶85,902 at 89,477–78 (1989); Wickett

Refining Co., 18 DOE ¶85,659 at 89,081–82

(1989). All applications should be

postmarked no later than June 30, 1995 and

sent to: Subpart V Crude Oil Overcharge

Refunds, Office of Hearings and Appeals,

Department of Energy, 1000 Independence

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

Although an applicant is not required to

use any specific form for its crude oil refund

application, the OHA has prepared a

suggested form, which may be obtained by

sending a written request to the address

given above.

D. Payments to the States and Federal

Government

Under the terms of the MSRP, the

remaining 80 percent of the amount remitted

by MAPCO, or $5,824,162 in principal, plus

accrued interest, will be disbursed in equal

shares to the states and federal government

for indirect restitution. Refunds to the states

will be in proportion to the consumption of

petroleum products in each state during the

crude oil price control period. The share of

the funds allocated to each state is contained

in Exhibit H of the Stripper Well Agreement.

When disbursed, these funds will be subject

to the same limitations and reporting

requirements that apply to any other crude

oil overcharge funds received by the states in

accordance with the Stripper Well

Agreement.

It Is Therefore Ordered That:

(1) Applications for Refund from the

alleged crude oil overcharges remitted to the

Department of Energy by MAPCO, Inc.

pursuant to the Settlement Agreement dated

June 23, 1994 may now be filed.

(2) All crude oil refund applications

submitted pursuant to Paragraph (1) above

must be postmarked no later than June 30,

1995.

(3) The Director of Special Accounts and

Payroll, Office of Departmental Accounting

and Financial Systems Development, Office

of the Controller, Department of Energy, shall

transfer a total of $2,912,081, plus accrued

interest, from the subaccount denominated

‘‘MAPCO International,’’ Consent Order No.

6C0X00270W, into the subaccount

denominated ‘‘Crude Tracking-States,’’

Account No. 999DOE003W.

(4) The Director of Special Accounts and

Payroll shall transfer a total of $2,912,081,

plus accrued interest, from the subaccount

denominated ‘‘MAPCO International,’’

Consent Order No. 6C0X00270W, into the

subaccount denominated ‘‘Crude TrackingFederal,’’ Account No. 999DOE002W.

(5) The Director of Special Accounts and

Payroll shall transfer a total of $1,456,040,

plus accrued interest, from the subaccount

denominated ‘‘MAPCO International,’’

Consent Order No. 6C0X00270W, into the

subaccount denominated ‘‘Crude TrackingClaimants 4,’’ Account No. 999DOE0010Z.

(6) This is a final Order of the Department

of Energy.

Date: May 19, 1995.

George B. Breznay,

Director, Office of Hearings and Appeals.

[FR Doc. 95–13306 Filed 5–31–95; 8:45 am]

BILLING CODE 6450–01–P

Implementation of Special Refund

Procedures

AGENCY: Office of Hearings and Appeals,

Department of Energy.

ACTION: Implementation of special

refund procedures.

SUMMARY: The Office of Hearings and

Appeals of the Department of Energy

has adopted the procedures to be

followed in refunding monies obtained

by the Department of Energy (DOE) from

Gulf Oil Corporation to settle alleged

crude oil violations. The funds will be

distributed pursuant to the DOE’s

Modified Statement of Restitutionary

Policy.

ADDRESSES: Applications for Refund

must be filed in duplicate no later than

June 30, 1995, and should be addressed

to: Subpart V Crude Oil Overcharge

Refunds, Office of Hearings and

Appeals, Department of Energy, 1000

Independence Avenue, S.W.,

Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT:

Thomas L. Wieker, Deputy Director,

Office of Hearings and Appeals, 1000

Independence Avenue, S.W.,

Washington, D.C. 20585, (202) 586–

2390.

SUPPLEMENTARY INFORMATION: In

accordance with the procedural

regulations of the Department of Energy,

10 CFR 205.282(c), notice is hereby

given of the issuance of the final

Decision and Order set out below. The

Decision relates to a June 14, 1985

consent order between the DOE and

Gulf Oil Corporation. The Decision sets

forth the procedures that the DOE has

formulated to distribute funds that Gulf

Oil Corporation remitted to the DOE to

settle allegations that it violated the

Agency’s crude oil price and allocation

regulations. The consent order covers

the period January 1, 1973 through

January 27, 1981.

The Decision disburses the available

funds in accordance with the DOE’s

Modified Statement of Restitutionary

Policy. Specifically, a total of

$37,309,761, will made available for

direct restitution to injured end users of

refined petroleum products. The States

will receive $8,706,529, and the Federal

Government will receive $8,604,301.

Applications for Refund from the

portion of the Gulf Oil Corporation

consent order funds allocated to the

crude oil overcharge refund pool may

now be filed. Applications must be filed

by June 30, 1995. Applicants that have

previously filed a crude oil overcharge

refund application with the Department

of Energy need not file an additional

application in order to receive a refund

from the Gulf crude oil monies.

Dated: May 19, 1995.

George B. Breznay,

Director, Office of Hearings and Appeals.

DEPARTMENT OF ENERGY,

WASHINGTON, DC 20585

May 19, 1995.

Decision and Order of the Department of

Energy

Implementation of Special Refund

Procedures

Name of Firm: Gulf Oil Corporation.

Date of Filing: June 30, 1987.

Case Number: KFX–0037.

On July 25, 1985, the Economic Regulatory

Administration (ERA) of the Department of

Energy (DOE) filed a petition with the Office

of Hearings and Appeals (OHA), requesting

that the OHA formulate and implement

procedures for distributing funds obtained

through the settlement of enforcement

proceedings involving Gulf Oil Corporation

(Gulf). See 10 C.F.R. Part 205, Subpart V. On

October 15, 1986, the OHA issued a Proposed

Decision and Order tentatively setting forth

procedures for distributing the Gulf

settlement fund, remitted to the DOE

pursuant to a June 14, 1985 consent order. 51

Fed. Reg. 37479 (October 22, 1986). This

Decision and Order will provide the final

procedures for the disbursement of the Gulf

funds attributable to Gulf’s alleged crude oil

violations.

Under the terms of a consent order, Gulf

remitted $146,550,226.79 to the DOE in

settlement of alleged violations occurring

between January 1, 1973 and January 27,

1981. Because the consent order resolves

alleged violations involving both sales of

crude oil and refined products, we divided

the fund into two pools. See Standard Oil Co.

(Indiana), 10 DOE ¶ 85,048 (1982)(Amoco).

As we stated in the Proposed Order,