[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