C.F.R. » Title 10 » CHAPTER II—DEPARTMENT OF ENERGY › SUBCHAPTER A—OIL › PART 205—ADMINISTRATIVE PROCEDURES AND SANCTIONS › Subpart V—Special Procedures for Distribution of Refunds

10 C.F.R. § 205.281

Petition for implementation of special refund procedures

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(a) At any time after the issuance of a Remedial Order (including for purposes of this subpart a Remedial Order for Immediate Compliance and an Order of Disallowance), or a Consent Order, the Special Counsel of the Department of Energy, the ERA Office of Enforcement, or any other enforcement official of the Department of Energy may file with the Office of Hearings and Appeals a Petition for the Implementation of Special Refund Procedures.

(b) The Petition shall state that the person filing it has been unable readily either to identify the persons who are entitled to refunds to be remitted pursuant to a Remedial Order or a Consent Order or to ascertain the amounts of refunds that such persons are entitled to receive. The Petition shall request that the Office of Hearings and Appeals institute appropriate proceedings under this subpart to distribute the funds referred to in the enforcement documents.

(c) The Petition shall contain a copy of each relevant enforcement document, shall be filed in duplicate, and shall meet the requirements of § 205.9 of this part.

Notes of Decisions
Cited in 5 cases, 1983–1987 · leading case: Getty Oil Co. v. Dep't of Energy, 117 F.R.D. 540 (D. Del. 1987).
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Getty Oil Co. v. Dep't of Energy, 117 F.R.D. 540 (D. Del. 1987). · cites it 2× “” 10 C.F.R. § 205.281 . In Atlantic Richfield Co.”
Atl. Richfield Co. v. United States Dep't of Energy, 618 F. Supp. 1199 (D. Del. 1985). “10 C.F.R. § 205.281 . When any of the above officials submits a “Petition for the Implementation of Special Refund Procedures,” OHA must review its contents and issue a Proposed Decision and Order describing “the nature of the particular refund proceeding and [setting] forth the…”
New York Petroleum, Inc. v. Ashland Oil, Inc., 568 F. Supp. 1231 (S.D. Miss. 1983). “On August 1,1983, the Office of Special Counsel petitioned the Office of Hearing and Appeals pursuant to 10 C.F.R. § 205.281 to institute proceedings to refund or otherwise appropriately distribute the funds in question.”
United States v. Missouri Self Serv. Gas Co., 671 F. Supp. 1232 (W.D. Mo. 1987). · cites it 2× “10 C.F.R. § 205.281 . If OHA concludes that the procedures may be appropriate, it issues a proposed decision which describes the nature of the particular refund proceeding and sets forth the standards and procedures OHA proposes to apply in evaluating refund claims.”
In re the Dep't of Energy Stripper Well Exemption Litig., 608 F. Supp. 1104 (D. Kan. 1985). “See 10 C.F.R. § 205.281 (a) and (b). After the injury has been traced to specific parties, they are compensated for their injuries by the OHA as fairly and equitably as practical.”
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