Report to the United States District Court for the District of Kansas: In Re Department of Energy Stripper Well Exemption Litigation, MDL No. 378

摘要

On September 13, 1983, United States District Judge Frank G. Theis referred the remedy stage of the Department of Energy Stripper Well Exemption Litigation, MDL No. 378 (Dist. Kansas), to the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) for fact-finding to try to determine who bore the impact of overcharges at issue in this litigation and in what amounts. In addition, the court requested OHA's suggestions regarding an appropriate restitutionary plan. On May 7, 1985, the District Court issued an order which clarified the manner in which the fact-finding report from OHA was to be submitted. In that decision, the court ordered the OHA to issue its findings of fact on the tracing and impact of the overcharges in one separate report without editing or modification by the DOE. This report sets forth the OHA's analysis and findings of fact regarding the absorption of the impact of these crude oil overcharges by the UAS domestic refining industry. In summary, the court stated its view that ascertaining the impact of the overcharges resulting from crude oil certification violations ''involves complicated and technical questions of fact, compounded by the impact of regulatory phenomena such as the Entitlements Program and the 'banking' of costs''. Referral Decision at 596. As a result, it referred the matter to the Office of Hearings and Appeals for the task of attempting to determine who bore the impact of the overcharges and in what amounts. The complex hearings and the results are covered in detail. (ERA citation 10:036105)