[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Notices]
[Pages 10076-10077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4426]



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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
December 12 Through December 16, 1994

    During the week of December 12 through December 16, 1994, the 
decisions and orders summarized below were issued with respect to 
applications for other relief filed with the Office of Hearings and 
Appeals of the Department of Energy. The following summary also 
contains a list of submissions that were dismissed by the Office of 
Hearings and Appeals.

Request for Exception

Olympic Oil Co., Inc., 12/14/94, LEE-0160

    Olympic Oil Co., Inc. (Olympic) filed an Application for Exception 
from the Energy Information Administration (EIA) requirement that it 
file Form EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum 
Product Sales Report.'' Olympic claimed that it should be relieved of 
the requirement because it had been filing the form since January 1993 
and because the task took the firm's limited office staff over four 
hours to complete each month. In considering this request, the DOE 
found that Olympic was not suffering gross inequity or serious 
hardship. Accordingly, on October 24, 1994, the DOE issued a Proposed 
Decision and Order determining that the exception request should be 
denied. Neither Olympic nor any other party filed an Objection to that 
Proposed Decision and Order, so the DOE issued it in final form.

Refund Applications

Garrison Fuel Oil of L.I., Inc., 12/12/94, RF272-92317

    The DOE issued a Decision and Order concerning the Application for 
Refund of a claimant in the Subpart V crude oil overcharge refund 
proceeding. The DOE determined that the applicant resold the refined 
petroleum products that formed the basis of its application and thus 
passed on the costs of any overcharges to its customers. The DOE 
concluded that the claimant had not shown that it was injured by any of 
the overcharges associated with the gallons that it purchased. 
Accordingly, the DOE denied the Application for Refund.

Texaco Inc./D & B Texaco, 12/14/94, RF321-20008, RF321-2009

    Donald Maile requested refunds based on purchases of Texaco 
products made by two service stations that he operated. Mr. Maile's 
estimates of the outlets' purchases were based only on his memory of 
his businesses, and the DOE relied instead on information obtained from 
Texaco; in one case, the purchase volume provided by Texaco was much 
lower than Mr. Maile's estimate. In addition, the evidence submitted 
strongly suggested that Mr. Maile's businesses were operated as 
partnerships. Accordingly, the DOE issued a Decision granting Mr. Maile 
one-half of the refund due to each station.

Texaco Inc./H&R Texaco Station, 12/13/94, RR321-168

    The DOE issued a Decision and Order concerning a Motion for 
Reconsideration filed by Howell and Richard Sumrall in the Texaco Inc. 
special refund proceeding on behalf of H&R Texaco Station (H&R), a 
reseller located in Evansville, Indiana. A refund previously had been 
granted for purchases made by the station from 1972 through January 
1977. However, it came to the attention of the DOE that this refund was 
incorrectly based on a time period during which the Sumralls did not 
operate the station. In the Motion, the Sumralls satisfactorily 
documented the time period during which they operated the station and 
established that the correct refund amount was in excess of the 
previously received refund amount. The total amount of the additional 
refund granted to the Sumralls in this Decision was $579 ($404 
principal plus $175 interest).

Refund Applications

    The Office of Hearings and Appeals issued the following Decisions 
and Orders concerning refund applications, which are not summarized. 
Copies of the full texts of the Decisions and Orders are available in 
the Public Reference Room of the Office of Hearings and Appeals.

Atlantic Richfield Company/Lowell O. Volden...............................  RF304-13926                 12/12/94
Atlantic Richfield Company/Rice Brothers Service..........................  RF304-15451                 12/13/94
Avis Rent A Car...........................................................  RF272-93539                 12/14/94
Bellmawr Borough School Dist. et al.......................................  RF272-79811                 12/13/94
Bjorklund Trucking Inc....................................................  RC272-276                   12/15/94
Blackwell Cooperative Elevator Association et al..........................  RF272-94767                 12/13/94
Chatham County Board of Education et al...................................  RF272-94931                 12/14/94
Enron Corp./Jayson's Bottle Gas...........................................  RF340-111                   12/12/94
Frankston Reliance Gas Co., Inc...........................................  RF340-121                           
Gulf Oil Corporation/Leo J. Ketchell, Inc.................................  RF300-14544                 12/14/94
Hefley Trucking Co. et al.................................................  RF272-84988                 12/13/94
Kentucky Transfer Line, Inc., et al.......................................  RF272-96127                 12/14/94
Texaco Inc./Charles H. Fortinberry et al..................................  RF321-6754                  12/15/94
Texaco Inc./Crestwood Service et al.......................................  RF321-19335                 12/15/94
Texaco Inc./Gold Beach Texaco et al.......................................  RF321-20269                 12/15/94
Texaco Inc./Goodyear Tire & Rubber Company et al..........................  RF321-20607                 12/13/94
Texaco Inc./National Steel Corporation et al..............................  RF321-20800                 12/15/94
Texaco Inc./Tipton's Service Station et al................................  RF321-12779                 12/13/94
Union Camp Corporation....................................................  RF272-95151                 12/14/94
Union Camp Corporation....................................................  RF272-95162                         
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                       Name                               Case No.      
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A.R. Fuels, Inc...................................  RF321-20370         
Alaska Aerofuel, Inc..............................  LEE-0129            
American Synthetic Rubber Corporation.............  RF321-20788         
[[Page 10077]]                                                          
                                                                        
Apex Management...................................  RF321-12882         
Apex Management...................................  RF321-12886         
Arcal Energy......................................  RF321-19776         
Carolina Freight Carriers Corp....................  RF321-20367         
Commonwealth Propane Co...........................  RF321-20689         
Curtis Beard......................................  RF321-14019         
East Irondequoit Central Schools..................  RF272-94795         
Francis E. Behrens, Jr............................  RF304-13308         
Gateway Texaco....................................  RF321-12659         
GCO Minerals Company..............................  RF321-20822         
Gebbie's..........................................  RF321-19778         
Green's Transport Co., Inc........................  RF304-13549         
Hewlett-Woodmere UFSD.............................  RF272-82414         
Ila Mae Welch.....................................  RF321-20160         
Indiana Bell Telephone Co., Inc...................  RF321-20371         
Interstate Brands Corp............................  RF321-20368         
Jersey Central Power & Light Company..............  RF321-20787         
Kinderhook Central School District................  RF272-95678         
Lakeside Texaco...................................  RF321-20405         
Midwest Petroleum Company.........................  RF321-20450         
Munir A. Malik....................................  VFA-0014            
Munir A. Malik....................................  VFA-0013            
Paul Kelm Arco Service............................  RF304-14717         
Quik Start Food & Texaco..........................  RF321-12872         
Teter's Texaco....................................  RF321-20017         
The John Stapf Corporation........................  RF300-18648         
Vin's Service.....................................  RF321-20806         
West End Texaco...................................  RF321-20161         
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    Copies of the full text of these decisions and orders are available 
in the Public Reference Room of the Office of Hearings and Appeals, 
Room 1E-234, Forrestal Building, 1000 Independence Avenue, S.W., 
Washington, D.C. 20585, Monday through Friday, between the hours of 
1:00 p.m. and 5:00 p.m., except federal holidays. They are also 
available in Energy Management: Federal Energy Guidelines, a 
commercially published loose leaf reporter system.

    Dated: February 14, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-4426 Filed 2-22-95; 8:45 am]
BILLING CODE 6450-01-P