Implementation of Special Refund Procedures, 36446-36449 [E7-12832]
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36446
Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Notices
Applicants: Florida Power & Light
Company.
Description: Florida Power & Light
Company submits a new Rate Schedule
306, Agreement for Generator Balancing
Service with New Hope Power
Partnership pursuant to Section 205 of
the Federal Power Act.
Filed Date: 06/22/2007.
Accession Number: 20070626–0061.
Comment Date: 5 p.m. Eastern Time
on Friday, July 13, 2007.
Docket Numbers: ER07–1071–000.
Applicants: PJM Interconnection,
LLC.
Description: Virginia Electric and
Power Co dba Dominion Virginia Power
submits a new Attachment H–16B to the
Open Access Transmission Tariff.
Filed Date: 06/22/2007.
Accession Number: 20070626–0060.
Comment Date: 5 p.m. Eastern Time
on Friday, July 13, 2007.
Docket Numbers: ER07–1072–000.
Applicants: PJM Interconnection,
LLC; Virginia Electric and Power
Company.
Description: Virginia Electric and
Power Co dba Dominion Virginia. Power
submits a new Attachment H–16B to the
Open Access Transmission Tariff.
Filed Date: 06/22/2007.
Accession Number: 20070626–0060.
Comment Date: 5 p.m. Eastern Time
on Friday, July 13, 2007.
Docket Numbers: ER07–1073–000.
Applicants: Entergy Arkansas, Inc.
Description: Entergy Services, Inc on
behalf of Entergy Arkansas, Inc et al.
submit an amended Exhibit H to the
Power Coordination, Interchange and
Transmission Service Agreement with
Arkansas Electric Cooperative Corp.
Filed Date: 06/22/2007.
Accession Number: 20070626–0059.
Comment Date: 5 p.m. Eastern Time
on Friday, July 13, 2007.
Docket Numbers: ER07–1074–000.
Applicants: New York Independent
System Operator, Inc.
Description: New York Independent
System Operator, Inc et al. submit an
executed Small Generator
Interconnection Agreement with Seneca
Energy II, LLC.
Filed Date: 06/22/2007.
Accession Number: 20070626–0058.
Comment Date: 5 p.m. Eastern Time
on Friday, July 13, 2007.
Docket Numbers: ER07–1075–000.
Applicants: New York State Electric &
Gas Corporation.
Description: New York State Electric
& Gas Corporation submits a notice of
cancellation of a Service Agreement
under which it provided
interconnection service to Seneca
Energy II LLC.
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17:57 Jul 02, 2007
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Filed Date: 06/22/2007.
Accession Number: 20070626–0057.
Comment Date: 5 p.m. Eastern Time
on Friday, July 13, 2007.
Docket Numbers: ER07–1076–000.
Applicants: Upper Peninsula Power
Company.
Description: Upper Peninsula Power
Co. submits a letter of understanding
with the City of Escanaba, Michigan
memorializing the parties’
understanding concerning the cost of
energy relative to an Escanaba power
purchase that will begin on 6/25/07.
Filed Date: 06/25/2007.
Accession Number: 20070627–0108.
Comment Date: 5 p.m. Eastern Time
on Monday, July 16, 2007.
Take notice that the Commission
received the following exempt
wholesale generator filings:
Docket Numbers: EG07–61–000.
Applicants: Warm Springs Biomass
Project, LLC.
Description: Notice of SelfCertification of Exempt Wholesale
Generator Status.
Filed Date: 06/26/2007.
Accession Number: 20070625–5079.
Comment Date: 5 p.m. Eastern Time
on Tuesday, July 17, 2007.
Any person desiring to intervene or to
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s Rules of
Practice and Procedure (18 CFR 385.211
and 385.214) on or before 5 p.m. Eastern
time on the specified comment date. It
is not necessary to separately intervene
again in a subdocket related to a
compliance filing if you have previously
intervened in the same docket. Protests
will be considered by the Commission
in determining the appropriate action to
be taken, but will not serve to make
protestants parties to the proceeding.
Anyone filing a motion to intervene or
protest must serve a copy of that
document on the Applicant. In reference
to filings initiating a new proceeding,
interventions or protests submitted on
or before the comment deadline need
not be served on persons other than the
Applicant.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
FERC Online links at https://
www.ferc.gov. To facilitate electronic
service, persons with Internet access
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
should submit an original and 14 copies
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of the intervention or protest to the
Federal Energy Regulatory Commission,
888 First St., NE., Washington, DC
20426.
The filings in the above proceedings
are accessible in the Commission’s
eLibrary system by clicking on the
appropriate link in the above list. They
are also available for review in the
Commission’s Public Reference Room in
Washington, DC. There is an
eSubscription link on the Web site that
enables subscribers to receive e-mail
notification when a document is added
to a subscribed dockets(s). For
assistance with any FERC Online
service, please e-mail
FERCOnlineSupport@ferc.gov. or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Kimberly D. Bose,
Secretary.
[FR Doc. E7–12809 Filed 7–2–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Implementation of Special Refund
Procedures
Office of Hearings and Appeals,
Department of Energy.
ACTION: Notice of implementation of
Special Refund Procedures.
AGENCY:
SUMMARY: The Office of Hearings and
Appeals (OHA) of the Department of
Energy (DOE) announces the procedures
for the disbursement of $1,592,901, plus
accrued interest, in motor gasoline
overcharges obtained by the DOE
pursuant to remedial orders issued to
Powerine Oil Company, Case No. TEF–
0006, and Storey Oil Company, Inc.,
Case No. TEF–0009. The OHA has
determined that the funds will be
distributed in accordance with the
provisions of 10 CFR part 205, subpart
V.
DATES: Applications must be filed in
duplicate with OHA by December 28,
2007.
Applications should be sent
to the Office of Hearings and Appeals,
Department of Energy, 1000
Independence Ave., SW., Washington,
DC 20585–1615. All applications should
display a reference to Case Nos. TEF–
0006 or TEF–0009.
FOR FURTHER INFORMATION CONTACT:
Richard A. Cronin, Jr., Assistant
Director, Office of Hearings and
Appeals, 1000 Independence Ave., SW.,
Washington, DC 20585–1615, (202) 287–
1589, richard.cronin@hq.doe.gov.
ADDRESSES:
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Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Notices
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. The Decision sets forth the
procedures that the DOE has formulated
to distribute to eligible claimants
$1,592,901, plus accrued interest,
obtained by the DOE pursuant to
Remedial Orders issued to Powerine Oil
Company (Powerine) and Storey Oil
Company, Inc. (Storey). The Remedial
Orders issued to Powerine and Storey
adjudicated allegations concerning
violations of the federal petroleum price
regulations involving the sale of motor
gasoline during the relevant audit
periods.
The OHA will distribute the Remedial
Order funds in a refund proceeding
using the procedures described in the
Proposed Decision and Order published
in the Federal Register on May 8, 2007.
See 72 FR 26083 (May 8, 2007). This
refund proceeding seeks to provide
restitution for those parties injured by
Powerine or Storey’s alleged violations
of pricing regulations for motor
gasoline. Purchasers of motor gasoline
from Powerine or Storey will have the
opportunity to submit refund
applications. Refunds will be granted to
applicants who satisfactorily
demonstrate that they were injured by
the pricing violations and who
document the volume of motor gasoline
they purchased from one of the firms
during the relevant consent order
period.
All applications must be postmarked
by December 28, 2007. All applications
received in this proceeding will be
made available for public inspection
between the hours of 1 p.m. and 5 p.m.,
Monday through Friday, except Federal
holidays, in Room 7132 ( the public
reference room), 950 L’Enfant Plaza,
Washington, DC.
Dated: June 27, 2007.
Fred L. Brown,
Acting Director, Office of Hearings and
Appeals.
jlentini on PROD1PC65 with NOTICES
Decision And Order—Department Of
Energy
Implementation of Special Refund
Procedures
Names of Firms: Powerine Oil
Company, Storey Oil Company, Inc.
Dates of Filing: June 23, 2005, June 23,
2005.
Case Numbers: TEF–0006, TEF–0009.
The Office of General Counsel (OGC)
of the Department of Energy (DOE) filed
a Petition requesting that the Office of
Hearings and Appeals (OHA) formulate
and implement Subpart V special
refund proceedings. Under the
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procedural regulations of the DOE,
special refund proceedings may be
implemented to refund monies to
persons injured by violations of the DOE
petroleum price regulations, provided
DOE is unable to readily identify such
persons or to ascertain the amount of
any refund. 10 CFR 205.280. We have
considered OGC’s request to formulate
refund procedures for the disbursement
of monies remitted by Powerine Oil
Company (Powerine) and Storey Oil
Company (Storey) pursuant to Remedial
Orders DOE has issued regarding them
and have determined that such
procedures are appropriate.
Under the terms of the Remedial
Orders, Powerine’s bankruptcy trustee
has remitted a total of $1,546,302 to the
DOE to remedy motor gasoline retailerreseller pricing violations which
occurred during the relevant audit
period. Storey has remitted a total of
$46,599 to remedy similar violations.
These funds are being held in an escrow
account established with the United
States Treasury pending a determination
of their proper distribution. This
Decision sets forth OHA’s plan to
distribute those funds. The specific
application requirements are detailed in
Section III of this Decision.
I. Background
Powerine was a privately held
corporation which operated a refinery
located in Santa Fe Springs, California
during the period of price controls,
August 13, 1973 through January 27,
1981. During this period, Storey,
operating in Colorado, was a reseller of
refined petroleum products. Economic
Regulatory Administration audits of
Powerine and Storey revealed possible
violations of the Mandatory Petroleum
Price Regulations (MPPR) in their sales
of motor gasoline. Subsequently, OHA
issued Remedial Orders in each case
directing Powerine and Storey to remit
to the DOE $7,956,934 and $64,639 in
restitution with respect to overcharges
of each firm in regard to sales to their
customers during the period of price
controls.1
II. Jurisdiction and Authority
The general guidelines that govern
OHA’s ability to formulate and
implement a plan to distribute refunds
are set forth at 10 CFR part 205, subpart
V. These procedures apply in situations
where the DOE cannot readily identify
the persons who were injured as a result
of actual or alleged violations of the
regulations or ascertain the amount of
1 See Powerine Oil Company, 21 DOE ¶ 83,008
(1991); Storey Oil Company, Inc., 16 DOE ¶ 83,007
(1987).
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the refund each person should receive.
For a more detailed discussion of
Subpart V and the authority of the OHA
to fashion procedures to distribute
refunds, see Office of Enforcement, 9
DOE ¶ 82,508 (1981) and Office of
Enforcement, 8 DOE ¶ 82,597 (1981).
On May 8, 2007, 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 72 FR 26083 (May 8,
2007). More than 30 days have elapsed
and OHA has received no comments
concerning these proposed refund
procedures. Consequently, the
procedures will be adopted as proposed.
III. Refund Procedures
A. Allocation of Consent Order Funds
Both firms violations of the MPPR
involved sales of a refined petroleum
product—motor gasoline. Consequently,
all of the funds that have been remitted
by Powerine and Storey will be
allocated for restitution for those parties
injured by the firms’ alleged violations
of the pricing regulations for motor
gasoline.
B. Refined Petroleum Product Refund
Procedures
1. Application Requirements
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, those who
bought refined petroleum products from
the consenting firms may apply for
refunds, which are typically 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 price control period covered
by the remedial order.
In the present case, 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 motor gasoline
products sold by the firms during the
price control 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
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Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Notices
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claims submitted by persons who
purchased motor gasoline from
Powerine or Storey during the
settlement periods discussed above. We
will work with those claimants to
develop additional information that
would enable us to determine who
should receive refunds and in what
amounts.2
To apply for a refund from the
Powerine or Storey Remedial 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, social security number or
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.3
(2) A monthly motor gasoline
gallonage purchase schedule covering
the price control order 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
refined petroleum product 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 must be submitted;
(4) If the applicant is or was in any
way affiliated with Powerine or Storey,
it must explain this affiliation,
including the time period in which it
was affiliated; 4
2 Applications for Refund be accepted only for
motor gasoline pricing violations. With regard to
crude oil pricing violations the deadline for filing
applications for refund has passed. See infra.
3 An applicant must submit the social security
number or employer identification number of the
person or legal entity that is seeking the refund.
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 CFR 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.
4 As in other refund proceedings involving
alleged refined product violations, the DOE will
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(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 made available at
OHA.
All applications should be either
typed or printed and clearly labeled
with the name and case number of the
relevant firm (Powerine Oil Company,
Case No. TEF–0006 or Storey Oil
Company, Inc., Case No. TEF–0009).
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 December 28,
2007: Office of Hearings and Appeals,
Department of Energy, 1000
Independence Ave., SW., Washington,
DC 20585–1615.
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) (Texaco); Shell Oil
Co., 18 DOE ¶ 85,492 (1989). We will
also require strict compliance with the
filing requirements as specified in 10
CFR 205.283, particularly the
requirement that applications and the
accompanying certification statement be
signed by the applicant. The OHA
presume that affiliates of a remedial order 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 remedial
order 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 remedial order firm were granted a
refund, the remedial order firm would be indirectly
compensated from a Remedial Order fund remitted
to settle its own alleged violations.
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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 from an applicant before
granting any refund in these
proceedings.
2. Allocation Claims
We may receive claims based upon
Powerine’s or Storey’s failure to furnish
motor gasoline that they were obliged to
supply under the DOE allocation
regulations that became effective in
January 1974. See 10 CFR Part 211. Any
such application will be evaluated with
reference to the standards set forth in
Texaco (and cases cited therein). See
Texaco, 20 DOE at 88,321.
3. Impact of the Petroleum Overcharge
Distribution and Restitution Act of 1986
(PODRA) Amendments on Powerine
and Storey Refined Product Refund
Claims
The Interior and Related Agencies
Appropriations Act for FY 1999
amended certain provisions of the
Petroleum Overcharge and Distribution
and Restitution Act of 1986 (PODRA).
These amendments extinguished rights
that refund applicants had under
PODRA to refunds for overcharges on
the purchases of refined petroleum
products. They also identified and
appropriated a substantial portion of the
funds being held by the DOE to pay
refund claims (including the funds paid
by Powerine and Storey). Congress
specified that these funds were to be
used to fund other DOE programs. As a
result, the petroleum overcharge escrow
accounts in the refined product area
contain substantially less money than
before. In fact they may not contain
sufficient funds to pay in full all
pending and future refund claims
(including those in litigation) if they
should all be found to be meritorious.
See Enron Corp./Shelia S. Brown, 27
DOE ¶ 85,036 at 88,244 (2000) (Brown).
Congress directed OHA to ‘‘assure the
amount remaining in escrow to satisfy
refined petroleum product claims for
direct restitution is allocated equitably
among all claimants.’’ Omnibus
Consolidated and Emergency
Supplemental Appropriation Act of
1999, Public Law 105–277 section 337,
112 Stat 2681, 2681–295 (1998)
(language added to PODRA); Brown, 27
DOE at 88,244. In view of this
Congressional directive and the limited
amount of funds available, it may
become necessary to prorate the funds
available for the meritorious claimants
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in the Powerine and Storey refund
proceedings.
It Is Therefore Ordered That:
The payments remitted to the
Department of Energy by Powerine Oil
Company and Storey Oil Company, Inc.,
pursuant to remedial orders signed on
August 30, 1991 and June 24, 1987
respectively, will be distributed in
accordance with the foregoing Decision.
Dated: June 27, 2007.
Fred L. Brown,
Acting Director, Office of Hearings and
Appeals.
[FR Doc. E7–12832 Filed 7–2–07; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2003–0064, FRL–8334–6]
Agency Information Collection
Activity; Proposed Collection;
Comment Request; Information
Collection Request for Questionnaire
for Nominees for the Annual National
Clean Water Act Recognition Awards
Program, EPA ICR 1287.09, OMB
Control Number 2040–0101
Environmental Protection
Agency (EPA).
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document
announces that EPA is planning to
submit a request to renew an existing
approved Information Collection
Request (ICR) to the Office of
Management and Budget (OMB). Before
submitting the ICR to OMB for review
and approval, EPA is soliciting
comments on specific aspects of the
proposed information collection as
described below.
DATES: Comments must be submitted on
or before September 4, 2007.
ADDRESSES: Submit your comments,
referencing docket ID number EPA–HQ–
OW–2003–0064, by one of the following
methods:
• https://www.regulations.gov: Follow
the online instructions for submitting
comments.
• E-mail: ow-docket@epa.gov
(Identify Docket ID number EPA–HQ–
OW–2003–0064, in the subject line).
• Mail: Water Docket, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
EPA West, Room 3334, 1301
Constitution Avenue, NW., Washington,
DC. Such deliveries are only accepted
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17:57 Jul 02, 2007
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during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments
identified by the Docket ID number
EPA–HQ–OW–2003–0064. EPA’s policy
is that all comments received will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
www.regulations.gov or e-mail. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT:
Gajindar Singh, Municipal Support
Division, Office of Wastewater
Management, OWM Mail Code: 4204M,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: (202)
564–0634; e-mail address:
singh.gajindar@epa.gov.
SUPPLEMENTARY INFORMATION:
How Can I Access the Docket and/or
Submit Comments?
EPA has established a public docket
for the ICR identified in this document
(ID number EPA–HQ–OW–2003–0064),
which is available for online viewing at
www.regulations.gov, or in person
viewing at the Water Docket in the EPA
Docket Center (EPA/DC), EPA West,
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36449
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC
Public Reading Room is open from 8
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Reading Room
is 202–566–1744, and the telephone
number for the Water Docket is 202–
566–2426.
Use www.regulations.gov to obtain a
copy of the draft collection of
information, submit or view public
comments, access the index listing of
the contents of the docket, and to access
those documents in the public docket
that are available electronically. Once in
the system, select ‘‘search,’’ then key in
the docket ID number identified in this
document.
What Information Is EPA Particularly
Interested in?
Pursuant to section 3506(c)(2)(A) of
the PRA, EPA specifically solicits
comments and information to enable it
to:
(i) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Agency, including
whether the information will have
practical utility;
(ii) Evaluate the accuracy of the
Agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(iii) Enhance the quality, utility, and
clarity of the information to be
collected; and
(iv) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses. In
particular, EPA is requesting comments
from very small businesses (those that
employ less than 25) on examples of
specific additional efforts that EPA
could make to reduce the paperwork
burden for very small businesses
affected by this collection.
What Should I Consider When I
Prepare My Comments for EPA?
You may find the following
suggestions helpful for preparing your
comments:
1. Explain your views as clearly as
possible and provide specific examples.
2. Describe any assumptions that you
used.
3. Provide copies of technical
information/data you used that support
your views.
E:\FR\FM\03JYN1.SGM
03JYN1
Agencies
[Federal Register Volume 72, Number 127 (Tuesday, July 3, 2007)]
[Notices]
[Pages 36446-36449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12832]
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DEPARTMENT OF ENERGY
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.
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SUMMARY: The Office of Hearings and Appeals (OHA) of the Department of
Energy (DOE) announces the procedures for the disbursement of
$1,592,901, plus accrued interest, in motor gasoline overcharges
obtained by the DOE pursuant to remedial orders issued to Powerine Oil
Company, Case No. TEF-0006, and Storey Oil Company, Inc., Case No. TEF-
0009. The OHA has determined that the funds will be distributed in
accordance with the provisions of 10 CFR part 205, subpart V.
DATES: Applications must be filed in duplicate with OHA by December 28,
2007.
ADDRESSES: Applications should be sent to the Office of Hearings and
Appeals, Department of Energy, 1000 Independence Ave., SW., Washington,
DC 20585-1615. All applications should display a reference to Case Nos.
TEF-0006 or TEF-0009.
FOR FURTHER INFORMATION CONTACT: Richard A. Cronin, Jr., Assistant
Director, Office of Hearings and Appeals, 1000 Independence Ave., SW.,
Washington, DC 20585-1615, (202) 287-1589, richard.cronin@hq.doe.gov.
[[Page 36447]]
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. The Decision sets
forth the procedures that the DOE has formulated to distribute to
eligible claimants $1,592,901, plus accrued interest, obtained by the
DOE pursuant to Remedial Orders issued to Powerine Oil Company
(Powerine) and Storey Oil Company, Inc. (Storey). The Remedial Orders
issued to Powerine and Storey adjudicated allegations concerning
violations of the federal petroleum price regulations involving the
sale of motor gasoline during the relevant audit periods.
The OHA will distribute the Remedial Order funds in a refund
proceeding using the procedures described in the Proposed Decision and
Order published in the Federal Register on May 8, 2007. See 72 FR 26083
(May 8, 2007). This refund proceeding seeks to provide restitution for
those parties injured by Powerine or Storey's alleged violations of
pricing regulations for motor gasoline. Purchasers of motor gasoline
from Powerine or Storey will have the opportunity to submit refund
applications. Refunds will be granted to applicants who satisfactorily
demonstrate that they were injured by the pricing violations and who
document the volume of motor gasoline they purchased from one of the
firms during the relevant consent order period.
All applications must be postmarked by December 28, 2007. All
applications received in this proceeding will be made available for
public inspection between the hours of 1 p.m. and 5 p.m., Monday
through Friday, except Federal holidays, in Room 7132 ( the public
reference room), 950 L'Enfant Plaza, Washington, DC.
Dated: June 27, 2007.
Fred L. Brown,
Acting Director, Office of Hearings and Appeals.
Decision And Order--Department Of Energy
Implementation of Special Refund Procedures
Names of Firms: Powerine Oil Company, Storey Oil Company, Inc.
Dates of Filing: June 23, 2005, June 23, 2005.
Case Numbers: TEF-0006, TEF-0009.
The Office of General Counsel (OGC) of the Department of Energy
(DOE) filed a Petition requesting that the Office of Hearings and
Appeals (OHA) formulate and implement Subpart V special refund
proceedings. Under the procedural regulations of the DOE, special
refund proceedings may be implemented to refund monies to persons
injured by violations of the DOE petroleum price regulations, provided
DOE is unable to readily identify such persons or to ascertain the
amount of any refund. 10 CFR 205.280. We have considered OGC's request
to formulate refund procedures for the disbursement of monies remitted
by Powerine Oil Company (Powerine) and Storey Oil Company (Storey)
pursuant to Remedial Orders DOE has issued regarding them and have
determined that such procedures are appropriate.
Under the terms of the Remedial Orders, Powerine's bankruptcy
trustee has remitted a total of $1,546,302 to the DOE to remedy motor
gasoline retailer-reseller pricing violations which occurred during the
relevant audit period. Storey has remitted a total of $46,599 to remedy
similar violations. These funds are being held in an escrow account
established with the United States Treasury pending a determination of
their proper distribution. This Decision sets forth OHA's plan to
distribute those funds. The specific application requirements are
detailed in Section III of this Decision.
I. Background
Powerine was a privately held corporation which operated a refinery
located in Santa Fe Springs, California during the period of price
controls, August 13, 1973 through January 27, 1981. During this period,
Storey, operating in Colorado, was a reseller of refined petroleum
products. Economic Regulatory Administration audits of Powerine and
Storey revealed possible violations of the Mandatory Petroleum Price
Regulations (MPPR) in their sales of motor gasoline. Subsequently, OHA
issued Remedial Orders in each case directing Powerine and Storey to
remit to the DOE $7,956,934 and $64,639 in restitution with respect to
overcharges of each firm in regard to sales to their customers during
the period of price controls.\1\
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\1\ See Powerine Oil Company, 21 DOE ] 83,008 (1991); Storey Oil
Company, Inc., 16 DOE ] 83,007 (1987).
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II. Jurisdiction and Authority
The general guidelines that govern OHA's ability to formulate and
implement a plan to distribute refunds are set forth at 10 CFR part
205, subpart V. These procedures apply in situations where the DOE
cannot readily identify the persons who were injured as a result of
actual or alleged violations of the regulations or ascertain the amount
of the refund each person should receive. For a more detailed
discussion of Subpart V and the authority of the OHA to fashion
procedures to distribute refunds, see Office of Enforcement, 9 DOE ]
82,508 (1981) and Office of Enforcement, 8 DOE ] 82,597 (1981).
On May 8, 2007, 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 72 FR 26083 (May 8, 2007). More than 30 days
have elapsed and OHA has received no comments concerning these proposed
refund procedures. Consequently, the procedures will be adopted as
proposed.
III. Refund Procedures
A. Allocation of Consent Order Funds
Both firms violations of the MPPR involved sales of a refined
petroleum product--motor gasoline. Consequently, all of the funds that
have been remitted by Powerine and Storey will be allocated for
restitution for those parties injured by the firms' alleged violations
of the pricing regulations for motor gasoline.
B. Refined Petroleum Product Refund Procedures
1. Application Requirements
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, those who bought refined petroleum products from the
consenting firms may apply for refunds, which are typically 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 price
control period covered by the remedial order.
In the present case, 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 motor gasoline products sold by the firms
during the price control 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
[[Page 36448]]
claims submitted by persons who purchased motor gasoline from Powerine
or Storey during the settlement periods discussed above. We will work
with those claimants to develop additional information that would
enable us to determine who should receive refunds and in what
amounts.\2\
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\2\ Applications for Refund be accepted only for motor gasoline
pricing violations. With regard to crude oil pricing violations the
deadline for filing applications for refund has passed. See infra.
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To apply for a refund from the Powerine or Storey Remedial 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, social
security number or 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.\3\
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\3\ An applicant must submit the social security number or
employer identification number of the person or legal entity that is
seeking the refund. 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 CFR 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.
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(2) A monthly motor gasoline gallonage purchase schedule covering
the price control order 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 refined petroleum product 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 must be submitted;
(4) If the applicant is or was in any way affiliated with Powerine
or Storey, it must explain this affiliation, including the time period
in which it was affiliated; \4\
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\4\ As in other refund proceedings involving alleged refined
product violations, the DOE will presume that affiliates of a
remedial order 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 remedial order 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
remedial order firm were granted a refund, the remedial order firm
would be indirectly compensated from a Remedial Order fund remitted
to settle its own alleged violations.
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(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 made available at OHA.
All applications should be either typed or printed and clearly
labeled with the name and case number of the relevant firm (Powerine
Oil Company, Case No. TEF-0006 or Storey Oil Company, Inc., Case No.
TEF-0009). 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 December 28, 2007: Office of Hearings and Appeals, Department of
Energy, 1000 Independence Ave., SW., Washington, DC 20585-1615.
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) (Texaco); Shell Oil Co., 18 DOE ]
85,492 (1989). We will also require strict compliance with the filing
requirements as specified in 10 CFR 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 from an applicant before granting any refund in these
proceedings.
2. Allocation Claims
We may receive claims based upon Powerine's or Storey's failure to
furnish motor gasoline that they were obliged to supply under the DOE
allocation regulations that became effective in January 1974. See 10
CFR Part 211. Any such application will be evaluated with reference to
the standards set forth in Texaco (and cases cited therein). See
Texaco, 20 DOE at 88,321.
3. Impact of the Petroleum Overcharge Distribution and Restitution Act
of 1986 (PODRA) Amendments on Powerine and Storey Refined Product
Refund Claims
The Interior and Related Agencies Appropriations Act for FY 1999
amended certain provisions of the Petroleum Overcharge and Distribution
and Restitution Act of 1986 (PODRA). These amendments extinguished
rights that refund applicants had under PODRA to refunds for
overcharges on the purchases of refined petroleum products. They also
identified and appropriated a substantial portion of the funds being
held by the DOE to pay refund claims (including the funds paid by
Powerine and Storey). Congress specified that these funds were to be
used to fund other DOE programs. As a result, the petroleum overcharge
escrow accounts in the refined product area contain substantially less
money than before. In fact they may not contain sufficient funds to pay
in full all pending and future refund claims (including those in
litigation) if they should all be found to be meritorious. See Enron
Corp./Shelia S. Brown, 27 DOE ] 85,036 at 88,244 (2000) (Brown).
Congress directed OHA to ``assure the amount remaining in escrow to
satisfy refined petroleum product claims for direct restitution is
allocated equitably among all claimants.'' Omnibus Consolidated and
Emergency Supplemental Appropriation Act of 1999, Public Law 105-277
section 337, 112 Stat 2681, 2681-295 (1998) (language added to PODRA);
Brown, 27 DOE at 88,244. In view of this Congressional directive and
the limited amount of funds available, it may become necessary to
prorate the funds available for the meritorious claimants
[[Page 36449]]
in the Powerine and Storey refund proceedings.
It Is Therefore Ordered That:
The payments remitted to the Department of Energy by Powerine Oil
Company and Storey Oil Company, Inc., pursuant to remedial orders
signed on August 30, 1991 and June 24, 1987 respectively, will be
distributed in accordance with the foregoing Decision.
Dated: June 27, 2007.
Fred L. Brown,
Acting Director, Office of Hearings and Appeals.
[FR Doc. E7-12832 Filed 7-2-07; 8:45 am]
BILLING CODE 6450-01-P