[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Notices]
[Pages 29371-29375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14577]



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DEPARTMENT OF ENERGY

Implementation of Special Refund Procedures

AGENCY: Office of Hearings and Appeals, Department of Energy.

ACTION: Notice of Implementation of Special Refund Procedures.

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SUMMARY: The Office of Hearings and Appeals of the Department of Energy 
announces procedures for the disbursement of $592,001 (plus accrued 
interest) collected pursuant to a consent order with Macmillan Oil 
Company (Case No. LEF-0046) and $15,822 (plus accrued interest) 
collected pursuant to a consent order with Kenny Larson Oil Company 
(Case No. VEF-0002). The funds will be distributed in accordance with 
the DOE's special refund procedures, 10 CFR part 205, subpart V.

FOR FURTHER INFORMATION CONTACT: Bryan F. MacPherson, Assistant 
Director, Office of Hearings and Appeals, Department of Energy, 
Washington, DC. 20585, (202) 426-1562.

SUPPLEMENTARY INFORMATION: In accordance with Sec. 205.282(b) of the 
procedural regulations of the Department of Energy (DOE), 10 CFR 
Sec. 205.282(b), notice is hereby given of the issuance of the Decision 
and Order set out below. The Decision and Order specifies the 
procedures that will be used to distribute monies that have been 
collected by the DOE pursuant to consent orders with Macmillan Oil 
Company (Macmillan) and Kenny Larson Oil Company (Larson). The consent 
order with Macmillan settled possible pricing violations with respect 
to Macmillan's sales of propane, No. 2 fuel oil and Nos. 5 and 6 
residual fuel oil. The DOE has collected $592,001 from Macmillan. The 
consent order with Larson settled possible pricing violations with 
respect to Larson's sales of motor gasoline. The DOE has

[[Page 29372]]

collected $15,822 from Larson. The Decision and Order finds that the 
funds should be distributed to the firms that were overcharged as set 
forth in DOE audit records. The amount of each firm's potential refund 
is set forth in the Appendices to the Decision and Order.
    Applications for Refund must be filed prior to December 31, 1996 
and should contain the information specified in the Decision and Order.

    Dated: May 29, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Department of Energy

Washington, DC 20585

May 29, 1996.

DECISION AND ORDER OF THE DEPARTMENT OF ENERGY

Special Refund Procedures

Name of Firms: Macmillan Oil Company, Kenny Larson Oil Company
Dates of Filings: June 5, 1992, October 18, 1994
Case Numbers: LEF-0046, VEF-0002.

    In accordance with the procedural regulations of the Department 
of Energy (DOE), 10 C.F.R. Part 205, Subpart V, the Economic 
Regulatory Administration (ERA) filed Petitions to Implement of 
Special Refund Procedures with the Office of Hearings and Appeals 
(OHA) on June 5, 1992, and on October 18, 1994. The petitions 
request that the OHA formulate and implement procedures to 
distribute funds received pursuant to consent orders entered into 
between the DOE and Kenny Larson Oil Company (Larson) of Oregon 
City, Oregon, and Macmillan Oil Company (Macmillan) of Des Moines, 
Iowa. After reviewing the records in the present cases, we have 
concluded that a Subpart V proceeding is an appropriate mechanism 
for distributing the Larson and Macmillan consent order funds. We 
therefore shall grant the ERA's petitions and assume jurisdiction 
over distribution of the funds.

I. Background

    Larson and Macmillan were ``reseller-retailers'' as defined in 6 
C.F.R. Sec. 150.352 and 10 C.F.R. Sec. 212.31. During the relevant 
periods these companies were subject to the Mandatory Petroleum 
Price Regulations, 10 C.F.R. Part 212, Subpart F. An ERA audit of 
Larson's business records revealed possible pricing violations with 
respect to the firm's sales of motor gasoline during the period May 
through December 1979. An ERA audit of Macmillan's business records 
revealed possible pricing violations with respect to the firm's 
sales of propane, No. 2 fuel oil, and Nos. 5 and 6 residual fuel oil 
during the period November 1, 1973, through April 30, 1974. In order 
to settle all claims and disputes between these companies and the 
DOE regarding their compliance with the price regulations, the DOE 
entered into consent orders with Larson and Macmillan on September 
21, 1981, and March 7, 1988, respectively.
    In the Larson consent order, the firm agreed to remit a total of 
$7,415, approximately 38 percent of the amount of the overcharges 
alleged by the DOE, plus installment interest. Of the principal 
amount, $5,842 was to be remitted to the DOE, and $1,573 was to be 
paid directly to six of Larson's customers. Larson failed to comply 
with the Consent Order and remitted no funds to either the DOE or 
the six customers. On August 29, 1994, we granted Larson a refund of 
$15,822 in the Texaco special refund proceeding. Texaco Inc./Kenny 
Larson Oil Company, 24 DOE para. 85,081 (1994) (Texaco/Larson). At 
that time, Larson was in default in the amount of $26,168 ($7,415 
principal plus $18,753 interest) in its obligations pursuant to the 
Consent Order. Accordingly, in Texaco/Larson, we determined that the 
Texaco refund should be used to fund Larson's consent order escrow 
account, in satisfaction of the firm's principal settlement amount 
and partial satisfaction of its debt for interest accrued. 
Accordingly, the $15,822 Texaco refund was deposited into the Kenny 
Larson Oil Company escrow account maintained at the Department of 
the Treasury, Consent Order No. 000H00439. This is the amount which 
is available for distribution to Larson's customers in this 
proceeding.
    On February 1, 1983, a Proposed Remedial Order was issued to 
Macmillan which alleged that the firm violated the price regulations 
with respect to its sales of propane, No. 2 fuel oil, and Nos. 5 and 
6 residual fuel oil. Macmillan contested the PRO before OHA (Case 
No. HRO-0122). During the course of that proceeding, the ERA reduced 
the amount of the alleged overcharges from $383,268 to $333,853. See 
Letter from Ann C. Grover, Associate Solicitor, ERA, to Richard T. 
Tedrow, OHA Deputy Director (October 5, 1987). On March 7, 1988, 
Macmillan and DOE entered into a consent order that settled the 
PRO's allegations. Pursuant to the consent order obligation, 
Macmillan remitted a total amount of $592,001 (including pre-
settlement interest) to the DOE in full satisfaction of the amount 
owed. The audit workpapers identify the customers that Macmillan 
allegedly overcharged.

II. Refund Procedures

    On August 2, 1995, a Proposed Decision and Order was issued that 
tentatively concluded that the procedures set forth below should 
govern the distribution of funds received pursuant to the Macmillan 
and Larson consent orders. That Proposed Decision was published in 
the Federal Register, and interested parties were given 30 days in 
which to comment. 60 Fed. Reg. 40580 (August 9, 1995). No comments 
were received. Accordingly, we find that the procedures described in 
the Proposed Decision, and which are set forth below, should govern 
the distribution of the Macmillan and Larson consent order funds.

A. Refund Claimants

    In the first stage, refund monies will be distributed to those 
parties which were directly injured in transactions with Larson and 
Macmillan during the audit periods. We believe that the Larson and 
Macmillan customers who were adversely affected by the alleged 
overcharges are primarily those purchasers specifically identified 
in the consent orders and in the audit papers. In addition, 
customers who purchased motor gasoline from the three retail outlets 
operated by Larson were referred to as a class in the ERA audit 
files but could not be individually identified. These parties may 
also file for refunds in this proceeding.
    Based on the information we have about Larson's business, we 
expect that all applicants in the Larson proceeding and most 
applicants in the Macmillan proceeding will be ultimate consumers. 
As in many other refund proceedings, we are making a finding that 
end-users or ultimate consumers whose businesses are unrelated to 
the petroleum industry were injured by the overcharges covered by 
the Consent Order. Unlike regulated firms in the petroleum industry, 
members of this group were generally not subject to price controls 
during the audit period and were not required to keep records which 
justified selling-price increases by reference to cost increases. 
See, e.g., Marion Corp., 12 DOE para. 85,014 (1984); Thornton Oil 
Corp., 12 DOE para. 85,112 (1984). For these reasons, an analysis of 
the impact of the increased cost of petroleum products on the final 
prices of non-petroleum goods and services would be beyond the scope 
of this special refund proceeding. See Office of Enforcement, 10 DOE 
para. 85,072 (1983); see also Texas Oil & Gas Corp., 12 DOE para. 
85,069 at 88,209 (1984). Therefore the end-users of Larson and 
Macmillan petroleum products named in the consent orders or 
workpapers shall be presumed injured by the alleged overcharges. 
Other end-user applicants in the Larson proceeding (those purchasing 
from retail outlets), if any, need only demonstrate that they 
purchased from Larson and document their purchase volumes to make a 
sufficient showing that they were injured by the alleged 
overcharges.<SUP>1
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    \1\ One Larson customer (Portland General Electric) and three 
Macmillan customers (Iowa Power & Light, Atlantic Municipal 
Utilities, and Iowa South Utilities) are public utilities. As in 
other Subpart V proceedings, we will treat the utilities as end-
users. Since each of their potential refunds is less than $5,000, we 
will not require them to submit the type of certification of pass-
through required of public utilities that receive refunds in excess 
of the $5,000 small claims threshold. See, e.g., Placid Oil Co., 18 
DOE para. 85,176 at 88,290 (1988).
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    We expect some of the applicants in the Macmillan proceeding to 
be resellers or retailers. With respect to such applicants, we shall 
adopt a small-claims threshold of $5,000. Reseller or retailer 
applicants seeking refunds of $5,000 or less will not be required to 
demonstrate that they were injured by Macmillan's alleged 
overcharges. In addition, one former customer of Macmillan, E.L. 
Bride, appears to be a reseller whose potential refund amount is 
$141,986. Consistent with prior cases, it will be able to obtain a 
refund of $50,000 without making a demonstration that it was injured 
by Macmillan's overcharges. In order to obtain a refund of its full 
overcharge amount, it would have to show that it was injured by the 
overcharges. See Gulf Oil Corp., 16 DOE

[[Page 29373]]

para. 85,381 at 88,738 (1987); Marathon Petroleum Co., 14 DOE para. 
85,269 at 88,510 (1986).

B. Calculation of Refund Amount

    As stated above, the audits which gave rise to the Macmillan 
Consent Order identified all of the customers allegedly overcharged 
during the audit period. In total, there are 66 identified customers 
who were allegedly overcharged by Macmillan during its refund 
period. The Larson audit identified six customers which account for 
21.2 percent of the alleged overcharges, while the remaining 78.8 
percent of the alleged overcharges were attributed to Larson's sales 
to customers at its retail stations. With respect to the identified 
customers of Larson and Macmillan, we have determined that the use 
of the audit results to establish potential refunds on a firm-
specific basis is more accurate than any other method to relate 
probable injury to refund amount.
    We shall therefore base the identified customers' potential 
refunds on the amount that each of these firms was allegedly 
overcharged, as determined by the ERA audit. Thus, the principal 
amount of each firm's maximum refund is 100 percent of the amount 
designated for that firm in the Consent Order plus a pro rata share 
of the interest that the DOE has collected on that amount. (For 
Larson, the latter is approximately 45 percent of the interest that 
Larson actually owed at the time the money was placed in the escrow 
account.) The firms and their potential refund amounts are listed in 
the Appendices to this Decision. In addition, to the amounts 
indicated in the Appendices, each successful claimant will receive a 
pro rata share of the interest accrued on the consent order funds 
between the date the funds were placed in the Larson and Macmillan 
escrow accounts and the date the claimant's refund is disbursed.
    We shall use a volumetric methodology to distribute that portion 
of the consent order fund attributable to purchases from Larson's 
retail outlets. Under the volumetric methodology, customers at 
Larson's retail outlets will be eligible to receive a refund equal 
to the number of gallons of motor gasoline purchased from Larson 
from May through December 1979 multiplied by the volumetric factor. 
The volumetric factor for Larson is equal to $0.0123.<SUP>2 We also 
establish a minimum amount of $15 for refund claims, as the cost of 
processing claims in which refunds are sought for amounts less than 
$15 outweighs the benefits of restitution in those situations. See, 
e.g., Uban Oil Co., 9 DOE para. 82,541 at 82,225 (1982); see also 10 
C.F.R. Sec. 205.286(b). Therefore, retail outlet customers must have 
purchased at least 1,220 gallons of Larson motor gasoline during the 
Larson audit period in order to be eligible for a refund.
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    \2\ The volumetric factor was computed by dividing $12,467 (78.8 
percent of the $15,822 collected for the Larson escrow account) by 
1,016,250 (the approximate volume of motor gasoline sold to retail 
customers during the audit period).
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C. Distribution of Remaining Funds

    Any funds that remain after all first-stage claims have been 
decided will be distributed in accordance with the provisions of the 
Petroleum Overcharge Distribution and Restitution Act of 1986 
(PODRA), 15 U.S.C. Secs. 4501-07. 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 these responsibilities to OHA. Any funds in the Larson and 
Macmillan escrow account that OHA determines will not be needed to 
effect direct restitution to injured Larson and Macmillan customers 
will be distributed in accordance with the provisions of PODRA.

III. Requirements for Refund Applications

    To apply for a refund from any of the settlement funds, a 
claimant should submit an Application for Refund containing all of 
the following information:
    (1) Identifying information including the claimant's name, 
current business address, taxpayer identification number, 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.<SUP>3
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    \3\ Under the Privacy Act of 1974, the submission of a social 
security number by an individual applicant is voluntary. An 
applicant that does not wish to 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 
investigation 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.
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    (2) Describe any change in ownership of the applicant firm since 
the refund period. If the applicant claims a refund as an heir or 
assignee of the person or firm that purchased products from Larson 
or Macmillan it should explain why it should receive the refund.
    (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 this 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 firms, it should explain this affiliation.
    (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 and correct 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. 
Sec. 1001. I understand that the information contained in this 
application is subject to public disclosure.
    Each applicant for which an address appears in the Appendices 
will be mailed a sample application form that may be used, but which 
is not required. Copies will be sent to any other party upon 
request. Each applicant must submit an original and one copy of the 
application. All refund applications should be postmarked no later 
than December 31, 1996, and be sent to: Macmillan Oil Company [or] 
Kenny Larson Oil Company, Special Refund Proceeding, Office of 
Hearings and Appeals, Department of Energy, Washington, D.C. 20585-
0107.
    It Is Therefore Ordered That:
    (1) Applications for Refund from the funds remitted to the 
Department of Energy by Kenny Larson Oil Company pursuant to the 
September 21, 1981 Consent Order may now be filed. The funds will be 
distributed in accordance with the foregoing Decision.
    (2) Applications for Refund from the funds remitted to the 
Department of Energy by Macmillan Oil Company pursuant to the March 
7, 1988 Consent Order may now be filed. The funds will be 
distributed in accordance with the foregoing Decision.
    (3) To be considered, all Applications for Refund must be 
postmarked no later than December 31, 1996.

    Dated: May 29, 1996.
George B. Breznay.
Director, Office of Hearings and Appeals.

[[Page 29374]]



   Appendix A.--Macmillan Customers and their Potential Refund Amounts  
------------------------------------------------------------------------
                                                    Pre-      Potential 
          Customer name             Overcharge   settlement     refund  
                                      amount      interest      amount  
------------------------------------------------------------------------
ACE LINES, INC., c/o T.C. MILLER,                                       
 P.O. BOX 8088, DES MOINES IA                                           
 50301...........................         $223         $172         $395
ARMSTRONG RUBBER, 2345 E MARKET                                         
 ST, DES MOINES IA 50317-7598....      $17,982      $13,904      $31,886
ASSOCIATED MILK PRODUCERS, 305                                          
 19TH ST SW, MORGAN CITY IA 50401         $635         $491       $1,126
ATLANTIC MUNICIPAL UTILITIES, 15                                        
 W 3RD ST, ATLANTIC IA 50022-1055         $694         $537       $1,231
BANKERS LIFE CO., 7524 HICKMAN                                          
 RD, DES MOINES IA 50322.........       $2,068       $1,599       $3,667
BEAVER VALLEY CANNING............       $4,922       $3,806       $8,728
BELL WATCHER.....................       $1,834       $1,418       $3,252
BITUCOTE PRODUCTS CO.............          $14          $11          $25
BOESEN THE FLORIST, 3422 BEAVER                                         
 AVE, DES MOINES IA 50310-3241...         $285         $220         $505
BOOKEY PACKING, & MORTON BOOKEY,                                        
 3002 SW 30TH ST, DES MOINES IA                                         
 50321...........................         $843         $652       $1,495
C&K ENTERPRISES..................         $360         $278         $638
CITY OF PLEASANT HILL............           $7           $5          $12
COLLEGE OSTEOPATHIC MEDICINE,                                           
 3200 GRAND AVE, DES MOINES IA                                          
 50312-4104......................         $222         $172         $394
CREES ENTERPRISES................       $1,015         $785       $1,800
CROUSE CARTAGE, 5185 NE 22ND ST,                                        
 DES MOINES IA 50313-2521........         $414         $320         $734
DAKOTA OIL CO....................         $650         $503       $1,153
DES MOINES COMMUNITY COLLEGE,                                           
 1100 7TH ST, DES MOINES IA 50314         $411         $318         $729
DES MOINES INDEPENDENT SCHOOLS,                                         
 1800 GRAND AVE, DES MOINES IA                                          
 50309...........................      $10,035       $7,759      $17,794
E.L. BRIDE COMPANY, P.O. BOX                                            
 7470, SHAWNEE MISSION KS 66207..      $80,066      $61,920     $141,986
ELVIEW CONSTRUCTION, 806 S                                              
 ANKENY, ANKENY IA...............       $1,345       $1,040       $2,385
EMCO INDUSTRIES, 220 NEW YORK                                           
 AVE, DES MOINES IA 50313........         $520         $402         $922
EQUITABLE LIFE INSURANCE CO.,                                           
 13300 HICKMAN RD, DES MOINES IA                                        
 50325-8617......................       $4,736       $3,662       $8,398
EVERDS BROS......................         $213         $165         $378
FIDELITY WAREHOUSE, c/o JACOBSON                                        
 WAREHOUSE CO, 1500 DELAWARE AVE,                                       
 DES MOINES IA...................       $3,146       $2,432       $5,578
FIRESTONE, 2 AVE & HOFFMAN RD,                                          
 DES MOINES IA 50309.............         $196         $152         $348
FORT DODGE TRANSPORT, c/o GORDON                                        
 OLSON, 707 7TH AVE N, FT. DODGE                                        
 IA 50501........................         $517         $400         $917
GEORGE A. HORMEL & CO., NORTH                                           
 LINN, ATLANTIC IA 50022.........      $11,756       $9,090      $20,846
GREENFIELD OIL CO................       $1,019         $788       $1,807
H. WEST CONSTRUCTION.............          $25          $19          $44
HOTEL DES MOINES.................         $325         $251         $576
HOTEL FT. DES MOINES, 10 &                                              
 WALNUT, DES MOINES IA 50309.....       $3,494       $2,702       $6,196
HOWE LAUNDRY, c/o GENE E. HOWE,                                         
 1311 WEST AVENUE, DES MOINES IA.       $1,093         $845       $1,938
INLAND MILLS, c/o ADM MILLING CO,                                       
 1925 E GRAND, DES MOINES IA.....       $2,565       $1,983       $4,548
IOWA POWER AND LIGHT, 311 ALIX                                          
 ST, RED OAK IA 51566-1001.......       $4,352       $3,365       $7,717
IOWA ROAD BUILDERS, c/o CARL H.                                         
 EDMAN, 700 58TH ST, WEST DES                                           
 MOINES IA 50266.................       $4,379       $3,386       $7,765
IOWA SOUTH UTILITIES, 18 S, MAIN                                        
 ST., ALBA IA 52531..............         $409         $316         $725
KECK, INC., 301 SW 9TH ST, DES                                          
 MOINES IA 50309.................       $1,071         $828       $1,899
KRIZAN, CHARLES..................         $556         $430         $986
LITTLE GIANT CRANE, 1601 NE 66TH                                        
 AVE, DES MOINES IA 50313-1237...         $652         $504       $1,156
LOCAL 334, MUSICIANS UNION, 82                                          
 MULBERRY ST, WATERLOO IA 50703..          $99          $77         $176
MAYTAG, 1 DEPENDABILITY SQ,                                             
 NEWTON IA 50208-9238............      $88,470      $68,405     $156,875
MEREDITH PUBLISHING CO., 1716                                           
 LOCUST, DES MOINES IA 50309.....       $2,721       $2,104       $4,825
MOTT CONSTRUCTION, 3675 E T C                                           
 JESTER BLVD, HOUSTON TX 77018...         $523         $404         $927
NATIONAL GYPSUM, 2001 REXFORD RD,                                       
 CHARLOTTE NC 28211..............         $508         $393         $901
NEW MONROE COMMUNITY SCHOOLS, 407                                       
 PLAINSMEN RD, MONROE IA 50170...       $2,111       $1,632       $3,743
PARKER OIL CO., 7TH & RACCOON SE,                                       
 DES MOINES IA 50309.............         $746         $577       $1,323
PEPSI COLA BOTTLERS, 3825 106TH                                         
 ST, DES MOINES IA 50322-2098....         $957         $740       $1,697
RALSTON PURINA, 433 S PINE ST,                                          
 DAVENPORT IA 52802-2800.........       $1,281         $990       $2,271
SAVORY HOTEL, 4TH & LOCUST, DES                                         
 MOINES IA.......................       $3,617       $2,797       $6,414
SENDLER STONE PRODUCTS...........         $193         $149         $342
SHAVER OIL CO., c/o BERWIN P.                                           
 SHAVER, 2203 W. LINCOLN WAY,                                           
 MARSHALLTOWN IA 50158...........         $582         $450       $1,032
STARK HEATING, c/o RALPH STANLEY,                                       
 1229 SANFORD AVE, MARSHALLTOWN                                         
 IA 50158........................         $761         $588       $1,349
STATE OF IOWA, c/o ATTORNEY                                             
 GENERAL'S OFFICE, HOOVER                                               
 BUILDING, DES MOINES IA 50319...       $1,222         $945       $2,167
DEP'T OF GENERAL SERVICES, c/o                                          
 ATTORNEY GENERAL'S OFFICE,                                             
 HOOVER BUILDING, DES MOINES IA                                         
 50319...........................       $3,092       $2,391       $5,483
STATE OF IOWA BLDG., c/o ATTORNEY                                       
 GENERAL'S OFFICE, HOOVER                                               
 BUILDING, DES MOINES IA 50319...         $183         $141         $324
SWIFT & CO., 406 E 8TH ST,                                              
 VILLISCA IA 50846...............       $1,766       $1,365       $3,131
SWIFT EDIBLE OIL CO..............       $8,054       $6,227      $14,281
TARGET READY MIX, c/o BILLY H                                           
 BRYANT, 405 52ND ST, WEST DES                                          
 MOINES IA 50265.................      $18,175      $14,053      $32,228
UNIV OF IOWA, 1111 9TH ST, DES                                          
 MOINES IA 50314-2527............      $21,616      $16,713      $38,329
UNIV OF N. IOWA, 802 W 29TH ST,                                         
 CEDAR FALLS IA 50613............       $4,519       $3,494       $8,013
VA HOSPITAL......................          $12           $9          $21
VETERANS MEMORIAL AUDITORIUM, 833                                       
 5TH AVE, DES MOINES IA 50309-                                          
 1316............................       $1,009         $780       $1,789
WEST TOWERS BUILDING, MANAGER,                                          
 1200 VALLEY WEST DR, WEST DES                                          
 MOINES IA 50265.................       $3,406       $2,634       $6,040
WESTERN ELECTRIC, c/o ABIGALE                                           
 KERPNER, AT&T, 1 OAK WAY, RM                                           
 4WD175, BERKELEY HEIGHTS NJ                                            
 07922...........................         $952         $736       $1,688
WILSON & CO., c/o WILLIAM                                               
 AMALONG, 3133 PRARIE ROSE RD,                                          
 OKLAHOMA CITY OK 73120..........       $1,822       $1,409       $3,231

[[Page 29375]]

                                                                        
YOUNKERS, 7 & WALNUT, DES MOINES                                        
 IA 50314........................         $407         $315         $722
                                  --------------------------------------
      TOTAL......................     $333,853     $258,148     $592,001
------------------------------------------------------------------------



 Appendix B.--Kenny Larson Customers and Their Potential Refund Amounts 
------------------------------------------------------------------------
                                                              Potential 
          Customer name             Overcharge    Interest    principal 
                                      amount     collected      refund  
------------------------------------------------------------------------
SCHULTZ SANITARY SERVICE, 10643                                         
 NE SIMPSON, PORTLAND OR 97220-                                         
 1223............................         $416         $471         $887
B & C TOWING.....................          $96         $109         $205
D & A SUPPLY, 1169 MOLALLA AVE,                                         
 OREGON CITY OR 97045............          $91         $101         $192
PORTLAND GENERAL ELECTRIC, LEGAL                                        
 DEPARTMENT, 121 SW SALMON ST,                                          
 PORTLAND OR 97204...............         $685         $773       $1,458
LARRY HEPLER.....................          $93         $109         $202
SKIG NAGAL FARMS.................         $192         $219         $411
RETAIL CUSTOMERS.................       $5,842       $6,625      $12,467
                                  --------------------------------------
      TOTAL......................       $7,415       $8,407      $15,822
------------------------------------------------------------------------

[FR Doc. 96-14577 Filed 6-7-96; 8:45 am]
BILLING CODE 6450-01-P