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Sinclair Oil Corp. v. Abraham

Order setting aside Department of Energy's rejection of petitioner's refund application reversed and DOE's decision reinstated; petitioner had no right to a refund paid out of fund created by DOE with monies remitted to it by ARCO as a result of its overcharging its customers because settlement of action between petitioner and ARCO extinguished legal basis for petitioner's refund.

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Chief Judge Alan B. Johnson

Opinion for the court filed by Circuit Judge RADER. Dissenting opinion filed by Circuit Judge NEWMAN.

Sinclair Oil Corporation and its predecessor-in-interest Little America Refining Company (collectively Sinclair) filed a refund application with the Office of Hearings and Appeals of the Department of Energy (DOE) under the Atlantic Richfield Company (ARCO) refund distribution proceedings. In a final decision, DOE rejected Sinclair’s refund application. Sinclair appealed that rejection to the United States District Court for the District of Wyoming, which set aside DOE’s final decision and remanded for a final determination of relief. Because DOE correctly rejected Sinclair’s refund application, this court reverses the district court and reinstates DOE’s final decision.

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