83_FR_46092 83 FR 45916 - Proposed Distribution of Residual Citronelle Settlement Agreement Funds

83 FR 45916 - Proposed Distribution of Residual Citronelle Settlement Agreement Funds

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45916-45919
FR Document2018-19687

The Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) announces the procedures for the disbursement of residual funds (totaling approximately $59,000) remaining in various Citronelle Settlement Agreement escrow accounts to the parties to the Agreement.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45916-45919]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19687]


=======================================================================
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DEPARTMENT OF ENERGY


Proposed Distribution of Residual Citronelle Settlement Agreement 
Funds

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

ACTION: Notice of implementation of special refund procedures.

-----------------------------------------------------------------------

SUMMARY: The Office of Hearings and Appeals (OHA) of the Department of 
Energy (DOE) announces the procedures for the disbursement of residual 
funds (totaling approximately $59,000) remaining in various Citronelle 
Settlement Agreement escrow accounts to the parties to the Agreement.

[[Page 45917]]


DATES: Comments are due by October 11, 2018.

ADDRESSES: Interested persons are encouraged to submit written comments 
electronically to: Kristin L. Martin, Attorney-Advisor, Office of 
Hearings and Appeals, U.S. Department of Energy, 1000 Independence Ave. 
SW, Washington, DC 20585-0107, (202) 287-1550, Email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Kristin L. Martin, Attorney-Advisor, 
Office of Hearings and Appeals, U.S. Department of Energy, 1000 
Independence Ave. SW, Washington, DC 20585-0107, (202) 287-1550, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Cost of Living Council, a predecessor 
agency of the Department of Energy, acting pursuant to the Economic 
Stabilization Act of 1970, Public Law 91 39, 84 Stat. 796, 799, on 
August 22, 1973, issued a system of price controls on the first sale of 
all domestic production of crude oil. Eventually, regulations were 
promulgated controlling the allocation and prices of many refined 
petroleum products in addition to crude oil and providing for 
enforcement of these regulations. See 10 CFR part 210 et seq.; see also 
Emergency Petroleum Allocation Act of 1973, Public Law 93-159, Exec. 
Order 11,748, 38 FR 33577 (December 6, 1973) (EPAA); Economic 
Stabilization Act of 1970, as amended, Public Law 92-210, 85 Stat. 743; 
Public Law 93-28, 87 Stat. 27, Exec. Order 11,748, 38 FR 33575 
(December 4, 1973) (ESA); Cost of Living Council Order No. 47, 39 FR 24 
(January 2, 1974).
    The Citronelle Settlement Agreement funds resulted from funds 
collected by the Department of Energy (DOE) in connection with the 
approval of exception relief from the price control regulations in 
effect for the 341 Tract Unit of Citronelle Field (Unit) by the DOE 
Office of Hearings and Appeals (OHA). The 341 Tract Unit of the 
Citronelle Field, 10 DOE ] 81, 207 (1983).
    The Citronelle exception relief spawned years of administrative and 
judicial litigation, including litigation over the final terms and 
conditions of the relief, OHA's authority to grant the relief and the 
evidentiary basis for its decision, and the possible revision or 
termination of the relief. Ultimately, in December 1991, OHA issued a 
decision terminating the exception relief and requiring the transfer of 
the remaining Citronelle exception relief funds to an escrow account in 
the United States Treasury under the supervision of the DOE Controller. 
The 341 Tract Unit of the Citronelle Field, 21 DOE ] 81,009 (1991). In 
Apri1 1992, OHA issued a decision addressing certain claims to the 
Citronelle escrow account funds, establishing deadlines and procedures 
governing claims to the funds, and scheduling an evidentiary 
proceeding. The 341 Tract Unit of the Citronelle Field, 22 DOE ] 85,069 
(1992). In May 1994, OHA issued a Decision and Order setting forth its 
determination of the percentage of the funds that should be allocated 
to various entities. The 341 Tract Unit of the Citronelle Field, 24 DOE 
] 81,035 (1994).
    Those actions led to further litigation. The Unit appealed OHA's 
termination of exception relief decision to the Federal Energy 
Regulatory Commission (FERC), which affirmed OHA's decision. The Unit 
then sought judicial review in R.H. Stechman, et al. v. Department of 
Energy, No. 94-0887-A-M (S.D. Ala. 1994).
    In order to avoid further extended judicial proceedings over the 
disposition of the Citronelle escrow account, DOE reached a settlement 
(Settlement Agreement) resolving, first, the claims to the DOE/
Citronelle escrow fund reserved for various Refiner-Litigants and, 
second, the Unit's claims. The settlement agreement resolving the 
claims of the Refiner-Litigants was approved by the United States 
District Court for the Southern District of Texas on December 6, 1995. 
See 61 FR 48946, 48947 (Sept. 17, 1996).
    The Settlement Agreement had five Parties and eight Eligible 
Entities or Groups. The Parties were: The United States, the Department 
of Energy, and specified Refiner-Litigants, Participant States, and 
Participant End-Users. The groups eligible to share in the remaining 
Citronelle funds were: the States, a group of End-Users, various 
Refiners (as defined in the Agreement), a group of Non-Litigant 
Refiners, the Consumers Power Company and various groups of Refiner 
Cooperatives, Cooperatives, and Airlines (as defined in the Agreement). 
The original amount governed by the Agreement was more than 
$63,000,000.00. As of June 2018, approximately $36,200.00 remained in 
the Airlines escrow account and approximately $23,000.00 remained in 
the Non-Litigant Refiners escrow account.
    The Agreement stipulates that funds remaining in the Non-Litigant 
Refiners escrow account after proper distribution to that group must be 
transferred to the Refiner-Litigants. It also stipulates that funds 
remaining in the Airlines escrow account after proper distribution to 
that group are to be distributed in the following proportions:
     2/7 to the United States Treasury;
     2/7 to the States in proportions listed in Exhibit L of 
the Settlement Agreement and detailed below;
     2/7 to the Refiner-Litigants; and
     1/7 to the End-Users
    The Agreement requires that the funds remaining in the End-Users 
account be transferred to the Subpart V Crude Oil Proceeding. However, 
the Subpart V Crude Oil Proceeding closed in 2016, with all remaining 
funds being distributed equally between the United States Treasury and 
the States (in pro-rata proportions defined by that refund proceeding). 
See 69 FR 29300 (May 21, 2004).

I. Proposed Procedure for Final Distribution of Citronelle Settlement 
Agreement Funds

    The Citronelle Settlement Agreement funds will be distributed 
according to the following plan. Any funds remaining after the final 
distributions made in accordance with this plan will be considered 
unclaimed and will be transferred to the U.S. Treasury. Final 
distribution amounts will be calculated using the distribution 
percentages listed in an appendix to this Notice on the day the final 
Notice is published in the Federal Register.

The Non-Litigant Refiners Account

    The Agreement requires that the balance of the Non-Litigant 
Refiners account be distributed to the Refiner-Litigants through an 
escrow account established for that purpose for the initial 
distribution of Citronelle funds and managed by the law firm Miller & 
Chevalier. Miller & Chevalier no longer represents the Refiner-
Litigants. Further, DOE has not been able to obtain documentation 
regarding how previous Citronelle distributions were made among the 
various firms comprising the Refiner-Litigants. In light of these facts 
and because the Citronelle distribution proportions agreed to by the 
Refiner-Litigants were not a part of the Agreement and thus not binding 
on DOE, we propose that the Refiner-Litigant portion of the funds be 
divided in equal proportions for the firms, or successor firms, listed 
in Exhibit A of the Agreement. A list of these firms is included as an 
appendix to this Notice. If a listed firm, or successor firm, does not 
submit the Required Information described below by the specified 
deadline, the funds will be considered unclaimed and will be 
transferred to the U.S. Treasury.

The Airlines Account

    The Airlines account remaining funds will be split according to the 
percentages prescribed in the Settlement

[[Page 45918]]

Agreement. Two sevenths of the Airlines account funds will be 
distributed to the United States Treasury. Two sevenths of the Airlines 
account funds will be distributed to the Refiner-Litigants Escrow 
Account. Two sevenths of the Airlines account funds will be distributed 
to the States in the proportions listed in Exhibit L of the Agreement.
    One seventh of the Airlines account funds will be allocated to the 
End-Users account, which will be distributed in the same proportions as 
the residual Subpart V funds were distributed pursuant to our notice in 
72 FR 46461, 46462 (August 14, 2007). The funds will be split equally, 
with half distributed to the United States Treasury and half 
distributed to the States. The funds distributed to the States will be 
divided in the proportions used for the final distribution of the 
Subpart V funds, which are identical to those listed in Exhibit L of 
the Agreement. All funds distributed to the States are subject to the 
same restricted uses as those received by that State as a result of the 
settlement of the case known as In Re: Stripper Well Litigation, M.D.L. 
No. 378. A list of distribution percentages is included as an appendix 
to this Notice. If a State does not submit the Required Information 
described below by the specified deadline, the funds will be considered 
unclaimed and will be transferred to the U.S. Treasury.

Required Information

    In order to receive its allotted funds, each Recipient, including 
State Recipients, must submit the following no later than the 90th 
calendar day following publication of the Final Plan in the Federal 
Register:
     Statement of Intent: The Statement should be brief and 
include the Recipient's name and the representative's authority to 
claim the Recipient's funds.
     Information Required by the Agreement: The Agreement 
requires that certain Releases of Claims be executed and submitted to 
DOE before Recipients may receive distributions.
    [cir] If a Recipient has not ever submitted the relevant Release of 
Claims, it should contact DOE at the below address to obtain a copy of 
the release, and should submit the executed release with the other 
required information described in this section.
    [cir] If a Recipient has previously submitted the relevant Release 
of Claims, it should submit to DOE a notarized statement certifying 
that it has submitted the release. The notarized statement should be 
submitted with the other required information described in this 
section.
     Electronic Funds Transfer (EFT) Information: Each 
Recipient must submit all information necessary for DOE to make an 
electronic distribution of funds, including the name and contact 
information (phone number, email address, and mailing address) of a 
person designated to be the Point of Contact, banking information, and 
Tax ID number. DOE will not contact Recipients regarding problems, 
discrepancies, or other issues with EFT information. DOE will notify 
the designated Point of Contact when the EFT is initiated. If an EFT is 
unsuccessful and the Recipient does not contact DOE to correct the 
error by the 14th day following the EFT initiation, the amount not 
distributed will be considered unclaimed and will be transferred to the 
United States Treasury.
    Submissions should in PDF format and must be submitted by email to 
[email protected]. The subject line should include ``Citronelle 
Settlement Agreement Recipient Documents'' and the name of the State or 
other Recipient. The Releases of Claims contained in the Agreement's 
Exhibits may be obtained by contacting Kristin L. Martin, Attorney-
Advisor, Office of Hearings and Appeals, by email at 
[email protected], or by telephone at (202) 287-1550.

II. Appendix A--Proposed Distribution Percentages and List of Refiner-
Litigants

Citronelle Airline Account Funds

Refiner-Litigants 28.57142857142860000%
     Each Refiner-Litigant Entity is entitled to 
0.865800865800867% of the total Airline Account Funds.
United States Treasury 35.71428571428570000%
Alabama 0.54804016064259400%
Alaska 0.13818786523157600%
American Samoa 0.00636083244822057%
Arizona 0.36634454245826900%
Arkansas 0.45449277491405100%
California 3.26944016176838000%
Colorado 0.38401187480512000%
Connecticut 0.60652108584973400%
Delaware 0.16956338168467300%
District of Columbia 0.08531354824083700%
Florida 1.65010975432690000%
Georgia 0.79531816470797200%
Guam 0.05263184468083650%
Hawaii 0.24538846523323400%
Idaho 0.14657787754978300%
Illinois 1.64040323767528000%
Indiana 0.87972416423889800%
Iowa 0.46535022190036900%
Kansas 0.40036549196707900%
Kentucky 0.45780595111052400%
Louisiana 0.84950225360465700%
Maine 0.26254694847105300%
Maryland 0.63946084248035600%
Massachusetts 1.22259929840854000%
Michigan 1.21688372104464000%
Minnesota 0.61974582045967800%
Mississippi 0.48769574322855100%
Missouri 0.70516872255815100%
Montana 0.16165040119813900%
Nebraska 0.26336705431455200%
Nevada 0.14466342873599700%
New Hampshire 0.16645300019308600%
New Jersey 1.31838653652643000%
New Mexico 0.23395138247190300%
New York 2.76553651908726000%
No. Mariana Islands 0.00329014604847478%
North Carolina 0.80159665169915200%
North Dakota 0.13090382462201500%
Ohio 1.34202999992372000%
Oklahoma 0.44109500817469100%
Oregon 0.35401620870755400%
Pennsylvania 1.66287802161090000%
Puerto Rico 0.34023415151078600%
Rhode Island 0.14160268359603600%
South Carolina 0.42578568669101500%
South Dakota 0.12770074547322300%
Tennessee 0.57787034891897200%
Texas 2.63486674686911000%
Utah 0.21069728945457100%
Vermont 0.08547809926032230%
Virgin Islands 0.16520939843142600%
Virginia 0.91659346391607800%
Washington 0.54540262288818800%
West Virginia 0.21344547509163300%
Wisconsin 0.62838735451951800%
Wyoming 0.14563871266099600%
Total 35.71428571428570000%

Non-Litigant Refiners Account Funds

Refiner-Litigants 100%
     Each Refiner-Litigant Entity is entitled to 3.03% of 
the Non-Litigant Refiners Account Funds.

List of Refiner-Litigants

Amoco Oil Company
Ashland Oil, Inc.
Atlantic Richfield Company
Axel Johnson, Inc.
BHP Petroleum Americas Refining, Inc.
Castle Oil Corporation
Charter International Oil Company
Charter Oil Company
Chevron U.S.A., Inc.
Clark Oil & Refining Corporation
The Coastal Corporation
Commonwealth Oil Refining Company
Conoco, Inc.
Crown Central Petroleum Corp.
Diamond Shamrock Refining & Marketing Company
Exxon Corporation
Fina Oil and Chemical Company
Gulf States Oil & Refining Co.
Kerr-McGee Refining Corporation
La Gloria Oil and Gas Company
Marathon Oil Company
Mobil Oil Corporation
New England Petroleum Corporation
Oxy USA, Inc.
Shell Oil Company
Sprague Energy Corporation
Tesoro Petroleum Corporation
Texaco, Inc.
Texaco Refining & Marketing, Inc.
Tosco Corporation
Total Petroleum, Inc.
Union Pacific Resources Company
Wyatt Energy, Inc.


[[Page 45919]]


    Signed in Washington, DC on: August 27, 2018.
Poli A. Marmolejos,
Director, Office of Hearings and Appeals.
[FR Doc. 2018-19687 Filed 9-10-18; 8:45 am]
 BILLING CODE 6450-01-P



                                               45916                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                               the requirements of the Department’s                    ACTION:   Notice.                                     of information technology. Please note
                                               Privacy Act regulations at 34 CFR 5b.7.                                                                       that written comments received in
                                                                                                       SUMMARY:    In accordance with the                    response to this notice will be
                                               NOTIFICATION PROCEDURES:                                Paperwork Reduction Act of 1995, ED is                considered public records.
                                                 If you wish to determine whether a                    proposing a revision of an existing                      Title of Collection: E-Complaint
                                               record exists regarding you in the                      information collection.                               Form(FERPA) and PPRA E-Complaint
                                               system, you must contact the system                     DATES: Interested persons are invited to              Form.
                                               manager at the address listed above.                    submit comments on or before                             OMB Control Number: 1880–0544.
                                               You must provide the necessary                          November 13, 2018.                                       Type of Review: A revision of an
                                               particulars of your name, SSN, and any                  ADDRESSES: To access and review all the               existing information collection.
                                               other identifying information requested                 documents related to the information                     Respondents/Affected Public:
                                               by the Department, while processing the                 collection listed in this notice, please              Individuals or Households.
                                               request, to distinguish between                         use http://www.regulations.gov by                        Total Estimated Number of Annual
                                               individuals with the same name. Your                    searching the Docket ID number ED–                    Responses: 500.
                                               request must meet the requirements of                   2018–ICCD–0093. Comments submitted                       Total Estimated Number of Annual
                                               the regulations at 34 CFR 5b.5,                         in response to this notice should be                  Burden Hours: 500.
                                               including proof of identity.                            submitted electronically through the                     Abstract: The Family Policy
                                               EXEMPTIONS PROMULGATED FOR THE SYSTEM:                  Federal eRulemaking Portal at http://                 Compliance Office (FPCO) reviews,
                                                  None.                                                www.regulations.gov by selecting the                  investigates, and processes complaints
                                                                                                       Docket ID number or via postal mail,                  of alleged violations of the Family
                                               HISTORY:                                                commercial delivery, or hand delivery.                Education Rights and Privacy Act
                                                 The system of records was published                   Please note that comments submitted by                (FERPA) and the Protection of Pupil
                                               in the Federal Register on June 4, 1999                 fax or email and those submitted after                Rights Amendment (PPRA) filed by
                                               (64 FR 30106, 30171–30173), and                         the comment period will not be                        parents and eligible students. FPCO’s
                                               amended on December 27, 1999 (64 FR                     accepted. Written requests for                        authority to investigate, review, and
                                               72384, 72405). This system of records                   information or comments submitted by                  process complaints extends to
                                               was rescinded on August 8, 2017 (82 FR                  postal mail or delivery should be                     allegations of violations of FERPA by
                                               37089–37094).                                           addressed to the Director of the                      any recipient of United States
                                                                                                       Information Collection Clearance                      Department of Education (Department)
                                               Appendix to 18–11–09
                                                                                                       Division, U.S. Department of Education,               funds under a program administered by
                                               ADDITIONAL SYSTEM LOCATIONS:                            550 12th Street SW, PCP, Room 9089,                   the Secretary (e.g., schools, school
                                                 Boston Office, 5 Post Office Square,                  Washington, DC 20202–0023.                            districts, postsecondary institutions,
                                               Boston, MA 02109. New York Office, 32                   FOR FURTHER INFORMATION CONTACT: For                  state educational agencies, and other
                                               Old Slip, New York, NY 10005.                           specific questions related to collection              third parties that receive Department
                                               Philadelphia Office, The Wanamaker                      activities, please contact Angela                     funds). This revision includes the
                                               Building, 100 Penn Square East,                         Arrington, (202)260–8915.                             addition of the PPRA Complaint form
                                               Philadelphia, PA 19107.                                 SUPPLEMENTARY INFORMATION: The                        that would allow parents to file a
                                                 Chicago Office, Citigroup Center, 500                 Department of Education (ED), in                      complaint. The Department expects to
                                               W Madison Street Chicago, IL 60661.                     accordance with the Paperwork                         receive more than 10 complaints under
                                                 Atlanta Office, 61 Forsyth Street SW,                 Reduction Act of 1995 (PRA) (44 U.S.C.                the PPRA requiring approval.
                                               Atlanta, GA 30303.                                      3506(c)(2)(A)), provides the general                    Dated: September 5, 2018.
                                                 Dallas Office, 1999 Bryan Street,                     public and Federal agencies with an
                                               Dallas, TX 75201.                                                                                             Stephanie Valentine,
                                                                                                       opportunity to comment on proposed,                   Acting Director, Information Collection
                                                 Kansas City Office, 1010 Walnut
                                                                                                       revised, and continuing collections of                Clearance Division, Office of the Chief Privacy
                                               Street, Kansas City, MO 64106.
                                                 Denver Office, Cesar E. Chavez                        information. This helps the Department                Officer, Office of Management.
                                               Memorial Building, 1244 Speer                           assess the impact of its information                  [FR Doc. 2018–19672 Filed 9–10–18; 8:45 am]
                                               Boulevard, Denver, CO 80204.                            collection requirements and minimize                  BILLING CODE 4000–01–P
                                                 San Francisco Office, 50 Beale Street,                the public’s reporting burden. It also
                                               San Francisco, CA 94105.                                helps the public understand the
                                                 Seattle Office, 915 Second Avenue,                    Department’s information collection
                                                                                                       requirements and provide the requested                DEPARTMENT OF ENERGY
                                               Seattle, WA 98174.
                                                 U.S. Department of Education, 400                     data in the desired format. ED is
                                                                                                                                                             Proposed Distribution of Residual
                                               Maryland Avenue SW, Washington, DC                      soliciting comments on the proposed
                                                                                                                                                             Citronelle Settlement Agreement
                                               20202.                                                  information collection request (ICR) that
                                                                                                                                                             Funds
                                               [FR Doc. 2018–19688 Filed 9–10–18; 8:45 am]
                                                                                                       is described below. The Department of
                                                                                                       Education is especially interested in                 AGENCY:  Office of Hearings and Appeals,
                                               BILLING CODE 4000–01–P
                                                                                                       public comment addressing the                         Department of Energy.
                                                                                                       following issues: (1) Is this collection              ACTION: Notice of implementation of
                                               DEPARTMENT OF EDUCATION                                 necessary to the proper functions of the              special refund procedures.
                                                                                                       Department; (2) will this information be
                                               [Docket No. ED–2018–ICCD–0093]                          processed and used in a timely manner;                SUMMARY:   The Office of Hearings and
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       (3) is the estimate of burden accurate;               Appeals (OHA) of the Department of
                                               Agency Information Collection
                                                                                                       (4) how might the Department enhance                  Energy (DOE) announces the procedures
                                               Activities; Comment Request; E-
                                                                                                       the quality, utility, and clarity of the              for the disbursement of residual funds
                                               Complaint Form(FERPA) and PPRA E-
                                                                                                       information to be collected; and (5) how              (totaling approximately $59,000)
                                               Complaint Form
                                                                                                       might the Department minimize the                     remaining in various Citronelle
                                               AGENCY:Office of Management (OM),                       burden of this collection on the                      Settlement Agreement escrow accounts
                                               Department of Education (ED).                           respondents, including through the use                to the parties to the Agreement.


                                          VerDate Sep<11>2014   18:49 Sep 10, 2018   Jkt 244001   PO 00000   Frm 00042   Fmt 4703   Sfmt 4703   E:\FR\FM\11SEN1.SGM   11SEN1


                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                           45917

                                               DATES:  Comments are due by October                     (1991). In Apri1 1992, OHA issued a                      • 2/7 to the States in proportions
                                               11, 2018.                                               decision addressing certain claims to                 listed in Exhibit L of the Settlement
                                               ADDRESSES: Interested persons are                       the Citronelle escrow account funds,                  Agreement and detailed below;
                                               encouraged to submit written comments                   establishing deadlines and procedures                    • 2/7 to the Refiner-Litigants; and
                                               electronically to: Kristin L. Martin,                   governing claims to the funds, and                       • 1/7 to the End-Users
                                               Attorney-Advisor, Office of Hearings                    scheduling an evidentiary proceeding.                    The Agreement requires that the
                                               and Appeals, U.S. Department of                         The 341 Tract Unit of the Citronelle                  funds remaining in the End-Users
                                               Energy, 1000 Independence Ave. SW,                      Field, 22 DOE ¶ 85,069 (1992). In May                 account be transferred to the Subpart V
                                               Washington, DC 20585–0107, (202) 287–                   1994, OHA issued a Decision and Order                 Crude Oil Proceeding. However, the
                                               1550, Email: kristin.martin@hq.doe.gov.                 setting forth its determination of the                Subpart V Crude Oil Proceeding closed
                                                                                                       percentage of the funds that should be                in 2016, with all remaining funds being
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       allocated to various entities. The 341                distributed equally between the United
                                               Kristin L. Martin, Attorney-Advisor,
                                                                                                       Tract Unit of the Citronelle Field, 24                States Treasury and the States (in pro-
                                               Office of Hearings and Appeals, U.S.
                                                                                                       DOE ¶ 81,035 (1994).                                  rata proportions defined by that refund
                                               Department of Energy, 1000
                                                                                                          Those actions led to further litigation.           proceeding). See 69 FR 29300 (May 21,
                                               Independence Ave. SW, Washington,
                                                                                                       The Unit appealed OHA’s termination                   2004).
                                               DC 20585–0107, (202) 287–1550, Email:
                                                                                                       of exception relief decision to the
                                               kristin.martin@hq.doe.gov.                                                                                    I. Proposed Procedure for Final
                                                                                                       Federal Energy Regulatory Commission
                                               SUPPLEMENTARY INFORMATION: The Cost                                                                           Distribution of Citronelle Settlement
                                                                                                       (FERC), which affirmed OHA’s decision.
                                               of Living Council, a predecessor agency                                                                       Agreement Funds
                                                                                                       The Unit then sought judicial review in
                                               of the Department of Energy, acting                     R.H. Stechman, et al. v. Department of                   The Citronelle Settlement Agreement
                                               pursuant to the Economic Stabilization                  Energy, No. 94–0887–A–M (S.D. Ala.                    funds will be distributed according to
                                               Act of 1970, Public Law 91 39, 84 Stat.                 1994).                                                the following plan. Any funds
                                               796, 799, on August 22, 1973, issued a                     In order to avoid further extended                 remaining after the final distributions
                                               system of price controls on the first sale              judicial proceedings over the                         made in accordance with this plan will
                                               of all domestic production of crude oil.                disposition of the Citronelle escrow                  be considered unclaimed and will be
                                               Eventually, regulations were                            account, DOE reached a settlement                     transferred to the U.S. Treasury. Final
                                               promulgated controlling the allocation                  (Settlement Agreement) resolving, first,              distribution amounts will be calculated
                                               and prices of many refined petroleum                    the claims to the DOE/Citronelle escrow               using the distribution percentages listed
                                               products in addition to crude oil and                   fund reserved for various Refiner-                    in an appendix to this Notice on the day
                                               providing for enforcement of these                      Litigants and, second, the Unit’s claims.             the final Notice is published in the
                                               regulations. See 10 CFR part 210 et seq.;               The settlement agreement resolving the                Federal Register.
                                               see also Emergency Petroleum                            claims of the Refiner-Litigants was
                                               Allocation Act of 1973, Public Law 93–                                                                        The Non-Litigant Refiners Account
                                                                                                       approved by the United States District
                                               159, Exec. Order 11,748, 38 FR 33577                    Court for the Southern District of Texas                 The Agreement requires that the
                                               (December 6, 1973) (EPAA); Economic                     on December 6, 1995. See 61 FR 48946,                 balance of the Non-Litigant Refiners
                                               Stabilization Act of 1970, as amended,                  48947 (Sept. 17, 1996).                               account be distributed to the Refiner-
                                               Public Law 92–210, 85 Stat. 743; Public                    The Settlement Agreement had five                  Litigants through an escrow account
                                               Law 93–28, 87 Stat. 27, Exec. Order                     Parties and eight Eligible Entities or                established for that purpose for the
                                               11,748, 38 FR 33575 (December 4, 1973)                  Groups. The Parties were: The United                  initial distribution of Citronelle funds
                                               (ESA); Cost of Living Council Order No.                 States, the Department of Energy, and                 and managed by the law firm Miller &
                                               47, 39 FR 24 (January 2, 1974).                         specified Refiner-Litigants, Participant              Chevalier. Miller & Chevalier no longer
                                                 The Citronelle Settlement Agreement                   States, and Participant End-Users. The                represents the Refiner-Litigants. Further,
                                               funds resulted from funds collected by                  groups eligible to share in the remaining             DOE has not been able to obtain
                                               the Department of Energy (DOE) in                       Citronelle funds were: the States, a                  documentation regarding how previous
                                               connection with the approval of                         group of End-Users, various Refiners (as              Citronelle distributions were made
                                               exception relief from the price control                 defined in the Agreement), a group of                 among the various firms comprising the
                                               regulations in effect for the 341 Tract                 Non-Litigant Refiners, the Consumers                  Refiner-Litigants. In light of these facts
                                               Unit of Citronelle Field (Unit) by the                  Power Company and various groups of                   and because the Citronelle distribution
                                               DOE Office of Hearings and Appeals                      Refiner Cooperatives, Cooperatives, and               proportions agreed to by the Refiner-
                                               (OHA). The 341 Tract Unit of the                        Airlines (as defined in the Agreement).               Litigants were not a part of the
                                               Citronelle Field, 10 DOE ¶ 81, 207                      The original amount governed by the                   Agreement and thus not binding on
                                               (1983).                                                 Agreement was more than                               DOE, we propose that the Refiner-
                                                 The Citronelle exception relief                       $63,000,000.00. As of June 2018,                      Litigant portion of the funds be divided
                                               spawned years of administrative and                     approximately $36,200.00 remained in                  in equal proportions for the firms, or
                                               judicial litigation, including litigation               the Airlines escrow account and                       successor firms, listed in Exhibit A of
                                               over the final terms and conditions of                  approximately $23,000.00 remained in                  the Agreement. A list of these firms is
                                               the relief, OHA’s authority to grant the                the Non-Litigant Refiners escrow                      included as an appendix to this Notice.
                                               relief and the evidentiary basis for its                account.                                              If a listed firm, or successor firm, does
                                               decision, and the possible revision or                     The Agreement stipulates that funds                not submit the Required Information
                                               termination of the relief. Ultimately, in               remaining in the Non-Litigant Refiners                described below by the specified
                                               December 1991, OHA issued a decision                    escrow account after proper distribution              deadline, the funds will be considered
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                                               terminating the exception relief and                    to that group must be transferred to the              unclaimed and will be transferred to the
                                               requiring the transfer of the remaining                 Refiner-Litigants. It also stipulates that            U.S. Treasury.
                                               Citronelle exception relief funds to an                 funds remaining in the Airlines escrow
                                               escrow account in the United States                     account after proper distribution to that             The Airlines Account
                                               Treasury under the supervision of the                   group are to be distributed in the                      The Airlines account remaining funds
                                               DOE Controller. The 341 Tract Unit of                   following proportions:                                will be split according to the
                                               the Citronelle Field, 21 DOE ¶ 81,009                      • 2/7 to the United States Treasury;               percentages prescribed in the Settlement


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                                               45918                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                               Agreement. Two sevenths of the                          other required information described in               Massachusetts 1.22259929840854000%
                                               Airlines account funds will be                          this section.                                         Michigan 1.21688372104464000%
                                               distributed to the United States                           • Electronic Funds Transfer (EFT)                  Minnesota 0.61974582045967800%
                                               Treasury. Two sevenths of the Airlines                  Information: Each Recipient must                      Mississippi 0.48769574322855100%
                                                                                                                                                             Missouri 0.70516872255815100%
                                               account funds will be distributed to the                submit all information necessary for
                                                                                                                                                             Montana 0.16165040119813900%
                                               Refiner-Litigants Escrow Account. Two                   DOE to make an electronic distribution                Nebraska 0.26336705431455200%
                                               sevenths of the Airlines account funds                  of funds, including the name and                      Nevada 0.14466342873599700%
                                               will be distributed to the States in the                contact information (phone number,                    New Hampshire 0.16645300019308600%
                                               proportions listed in Exhibit L of the                  email address, and mailing address) of                New Jersey 1.31838653652643000%
                                               Agreement.                                              a person designated to be the Point of                New Mexico 0.23395138247190300%
                                                  One seventh of the Airlines account                  Contact, banking information, and Tax                 New York 2.76553651908726000%
                                               funds will be allocated to the End-Users                ID number. DOE will not contact                       No. Mariana Islands 0.00329014604847478%
                                                                                                       Recipients regarding problems,                        North Carolina 0.80159665169915200%
                                               account, which will be distributed in
                                                                                                                                                             North Dakota 0.13090382462201500%
                                               the same proportions as the residual                    discrepancies, or other issues with EFT
                                                                                                                                                             Ohio 1.34202999992372000%
                                               Subpart V funds were distributed                        information. DOE will notify the                      Oklahoma 0.44109500817469100%
                                               pursuant to our notice in 72 FR 46461,                  designated Point of Contact when the                  Oregon 0.35401620870755400%
                                               46462 (August 14, 2007). The funds will                 EFT is initiated. If an EFT is                        Pennsylvania 1.66287802161090000%
                                               be split equally, with half distributed to              unsuccessful and the Recipient does not               Puerto Rico 0.34023415151078600%
                                               the United States Treasury and half                     contact DOE to correct the error by the               Rhode Island 0.14160268359603600%
                                               distributed to the States. The funds                    14th day following the EFT initiation,                South Carolina 0.42578568669101500%
                                               distributed to the States will be divided               the amount not distributed will be                    South Dakota 0.12770074547322300%
                                                                                                       considered unclaimed and will be                      Tennessee 0.57787034891897200%
                                               in the proportions used for the final
                                                                                                                                                             Texas 2.63486674686911000%
                                               distribution of the Subpart V funds,                    transferred to the United States
                                                                                                                                                             Utah 0.21069728945457100%
                                               which are identical to those listed in                  Treasury.                                             Vermont 0.08547809926032230%
                                               Exhibit L of the Agreement. All funds                      Submissions should in PDF format                   Virgin Islands 0.16520939843142600%
                                               distributed to the States are subject to                and must be submitted by email to                     Virginia 0.91659346391607800%
                                               the same restricted uses as those                       OHA.Filings@hq.doe.gov. The subject                   Washington 0.54540262288818800%
                                               received by that State as a result of the               line should include ‘‘Citronelle                      West Virginia 0.21344547509163300%
                                               settlement of the case known as In Re:                  Settlement Agreement Recipient                        Wisconsin 0.62838735451951800%
                                               Stripper Well Litigation, M.D.L. No. 378.               Documents’’ and the name of the State                 Wyoming 0.14563871266099600%
                                                                                                       or other Recipient. The Releases of                   Total 35.71428571428570000%
                                               A list of distribution percentages is
                                               included as an appendix to this Notice.                 Claims contained in the Agreement’s                   Non-Litigant Refiners Account Funds
                                               If a State does not submit the Required                 Exhibits may be obtained by contacting                Refiner-Litigants 100%
                                               Information described below by the                      Kristin L. Martin, Attorney-Advisor,                    • Each Refiner-Litigant Entity is entitled to
                                               specified deadline, the funds will be                   Office of Hearings and Appeals, by                    3.03% of the Non-Litigant Refiners Account
                                               considered unclaimed and will be                        email at Kristin.Martin@hq.doe.gov, or                Funds.
                                               transferred to the U.S. Treasury.                       by telephone at (202) 287–1550.                       List of Refiner-Litigants
                                               Required Information                                    II. Appendix A—Proposed Distribution                  Amoco Oil Company
                                                                                                       Percentages and List of Refiner-                      Ashland Oil, Inc.
                                                 In order to receive its allotted funds,               Litigants                                             Atlantic Richfield Company
                                               each Recipient, including State                                                                               Axel Johnson, Inc.
                                               Recipients, must submit the following                   Citronelle Airline Account Funds                      BHP Petroleum Americas Refining, Inc.
                                               no later than the 90th calendar day                     Refiner-Litigants 28.57142857142860000%               Castle Oil Corporation
                                               following publication of the Final Plan                    • Each Refiner-Litigant Entity is entitled to      Charter International Oil Company
                                               in the Federal Register:                                0.865800865800867% of the total Airline               Charter Oil Company
                                                 • Statement of Intent: The Statement                  Account Funds.                                        Chevron U.S.A., Inc.
                                                                                                       United States Treasury                                Clark Oil & Refining Corporation
                                               should be brief and include the
                                                                                                          35.71428571428570000%                              The Coastal Corporation
                                               Recipient’s name and the                                Alabama 0.54804016064259400%                          Commonwealth Oil Refining Company
                                               representative’s authority to claim the                 Alaska 0.13818786523157600%                           Conoco, Inc.
                                               Recipient’s funds.                                      American Samoa 0.00636083244822057%                   Crown Central Petroleum Corp.
                                                 • Information Required by the                         Arizona 0.36634454245826900%                          Diamond Shamrock Refining & Marketing
                                               Agreement: The Agreement requires that                  Arkansas 0.45449277491405100%                           Company
                                               certain Releases of Claims be executed                  California 3.26944016176838000%                       Exxon Corporation
                                               and submitted to DOE before Recipients                  Colorado 0.38401187480512000%                         Fina Oil and Chemical Company
                                               may receive distributions.                              Connecticut 0.60652108584973400%                      Gulf States Oil & Refining Co.
                                                                                                       Delaware 0.16956338168467300%                         Kerr-McGee Refining Corporation
                                                 Æ If a Recipient has not ever                         District of Columbia 0.08531354824083700%             La Gloria Oil and Gas Company
                                               submitted the relevant Release of                       Florida 1.65010975432690000%                          Marathon Oil Company
                                               Claims, it should contact DOE at the                    Georgia 0.79531816470797200%                          Mobil Oil Corporation
                                               below address to obtain a copy of the                   Guam 0.05263184468083650%                             New England Petroleum Corporation
                                               release, and should submit the executed                 Hawaii 0.24538846523323400%                           Oxy USA, Inc.
                                               release with the other required                         Idaho 0.14657787754978300%                            Shell Oil Company
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                                               information described in this section.                  Illinois 1.64040323767528000%                         Sprague Energy Corporation
                                                 Æ If a Recipient has previously                       Indiana 0.87972416423889800%                          Tesoro Petroleum Corporation
                                                                                                       Iowa 0.46535022190036900%                             Texaco, Inc.
                                               submitted the relevant Release of                       Kansas 0.40036549196707900%                           Texaco Refining & Marketing, Inc.
                                               Claims, it should submit to DOE a                       Kentucky 0.45780595111052400%                         Tosco Corporation
                                               notarized statement certifying that it has              Louisiana 0.84950225360465700%                        Total Petroleum, Inc.
                                               submitted the release. The notarized                    Maine 0.26254694847105300%                            Union Pacific Resources Company
                                               statement should be submitted with the                  Maryland 0.63946084248035600%                         Wyatt Energy, Inc.



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                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                                 45919

                                                 Signed in Washington, DC on: August 27,                                        Ms.
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      commitments that require LEU used for
                                               2018.                                       Audrey Beldio, NNSA Domestic                                      defense purposes to be free of peaceful
                                               Poli A. Marmolejos,                         Uranium Enrichment Program Manager,                               use restrictions (‘‘unobligated’’). TVA is
                                               Director, Office of Hearings and Appeals.   U.S. Department of Energy, 1000                                   responsible for preserving the
                                               [FR Doc. 2018–19687 Filed 9–10–18; 8:45 am] Independence Avenue SW, Washington,                               unobligated LEU to be used as fuel in
                                               BILLING CODE 6450–01–P                      DC 20585, telephone (202) 586–1963, or                            tritium production reactors.
                                                                                           email audrey.beldio@nnsa.doe.gov.
                                                                                                                                                                The Department’s transfers of
                                                                                           SUPPLEMENTARY INFORMATION: Currently,
                                               DEPARTMENT OF ENERGY                                                                                          uranium are conducted in accordance
                                                                                           the United States does not possess a
                                                                                           fully domestic uranium enrichment                                 with its authority under the Atomic
                                               National Nuclear Security                   capability. The U.S. uranium                                      Energy Act of 1954, and consistent with
                                               Administration                              enrichment market consists of foreign                             other applicable law. These uranium
                                                                                           enrichment technologies that cannot be                            transfers will be conducted under
                                               Secretarial Determination of a National                                                                       Section 3112(e)(2) of the USEC
                                                                                           used to meet national security
                                               Security Purpose for the Sale or                                                                              Privatization Act of 1996, which
                                                                                           requirements for enriched uranium.
                                               Transfer of Enriched Uranium                   Acknowledging that it will take time                           provides for transfers of enriched
                                               AGENCY: National Nuclear Security           to develop enrichment technologies and                            uranium to any person for national
                                               Administration, Department of Energy.       allow for thorough analysis to inform an                          security purposes, as determined by the
                                               ACTION: Notice.                             acquisition decision for producing                                Secretary.
                                                                                           unobligated LEU, NNSA’s Domestic
                                               SUMMARY: On August 21, 2018, the
                                                                                                                                                                Signed in Washington, DC, on September
                                                                                           Uranium Enrichment strategy includes
                                               Secretary of Energy issued a                                                                                  5, 2018.
                                                                                           NNSA Defense Programs down-blending
                                               determination (‘‘Secretarial                approximately 20 metric tons of HEU to                            Philip T. Calbos,
                                               Determination’’) covering the transfer of LEU for use as fuel in tritium                                      Acting Deputy Administrator for Defense
                                               low enriched uranium in support of the production reactors. The uranium will                                  Programs, National Nuclear Security
                                               tritium production mission. The             be transferred to the NNSA federal                                Administration.
                                               Secretarial Determination establishes       partner, the Tennessee Valley Authority                           Appendix
                                               the national security purpose of these      (TVA) only for use as fuel in a reactor
                                               transfers, therefore the transfers will be  producing tritium and not for resale or                           Department of Energy
                                               conducted under the USEC Privatization retransfer. TVA will pay for the value of                                Set forth below is the full text of the
                                               Act of 1996.                                uranium to be received. Use of this                               Secretarial Determination:
                                               DATES: The Secretary of Energy signed       material is compliant with long-                                  BILLING CODE 6450–01–P
                                               the determination on August 21, 2018.       standing U.S. policy and international
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Document Created: 2018-09-11 01:03:13
Document Modified: 2018-09-11 01:03:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of implementation of special refund procedures.
DatesComments are due by October 11, 2018.
ContactKristin L. Martin, Attorney-Advisor, Office of Hearings and Appeals, U.S. Department of Energy, 1000 Independence Ave. SW, Washington, DC 20585-0107, (202) 287-1550, Email: [email protected]
FR Citation83 FR 45916 

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