Name of firm Hunt Industries.. Hunt Petroleum Corp Husky Oil Company of Delaware Ideal Gas Co., Inc.... Independent Oil & Tire Company.. Inland USA, Inc. Inman Oil Co. J.E. DeWitt, Inc. J.M. Huber Corp James Petroleum Corp Jay Oil Company Jimmys Gas Stations Inc.. Jones Drilling Corporation. Juniper Petroleum Corporation Kansas-Nebraska Natural Gas Co.. Keller Oil Company, Inc.... Kent Oil & Trading Company. Key Oil Co., Inc.. Key Oil Company. King & King Enterprise LP. Rech Distributing Co Luke Brothers Inc. Lunday Thargard Oil.. Malco Industries Inc. Mapco, Inc. Marine Petroleum Co Marlen L. Knutson Dist. Inc McTan Corporation....... Midwest Industrial Fuels, Inc. Location Dallas, TX. Dallas, TX. Cody, WY. Nyassa, OR. Elyria, OH. St. Louis, MO. South El Monte, CA. Duncan, OK. Denver, Co Hastings, NE. Houston, TX. Tuscaloosa, AL. Bowling Green, KY. St. Louis, MO. Kansas City, MO. Port Ewen, NY Belle Chasse, LA. Springfield, MA. Salt Lake City, UT. Burbank, CA. Wapakoneta, OH. Name of firm OKC Corporation Olin Corporation... Oneok Incorporation. Ozona Gas Processing Plant. Parham Oil Corporation. Petro-Lewis Corp. Petrolane-Lomita Gasoline Co. Petroleum Heat & Power Co. Inc.... Petroleum Sales/Services Inc Pioneer Corp Planet Engineers Inc.. Propane Gas & Appliance Co.. Quaker State Oil. Quarles Petroleum, Inc Resources Extraction Process. Richardson Ayers Jobbers, Inc.. Riverside Oil, Inc... Roberts Oil Co. Inc. Rookwood Oil Terminals Inc. Time Oil Company. Triton Oil & Gas Corp. U.S. Compressed Gas Company.. U.S.A. Petroleum, Inc.. Location Dallas, TX. Stamford, CT. Ormond Beach, FL. Houston, TX. Shreveport, LA. Nashville, TN. Phoenix, AZ. Long Beach, CA. Buffalo, NY. Amarillo, TX. West Sacramento, CA. Abilene, TX. Abilene, TX. New Brockton, AL. Dallas, TX. Evansville, ID. Houston, TX. Oil City, PA. Fredericksburg, VA. Houston, TX. Kremling, CO. Alexandria, LA. Evansville, IL. Albuquerque, NM. Dallas, TX. Dallas, TX. Dallas, TX. Casper, WY. Purcellville, VA. Yakima, WA. Seattle, WA. Midland, TX. Richmond, MO. Dallas, TX. King of Prussia, PA. No firm (including an individual) may take retaliatory action against any other firm (including an individual) that files or manifests an intent to file a complaint of alleged violation of, or that otherwise exercises any rights conferred by the Act, any provision of this part, or any order issued under this chapter. For the purposes of this paragraph, “retaliatory action" means any action contrary to the purpose or intent of the Economic Stabilization Program or the Department of Energy and may include a refusal to continue or sell or lease, any reduction in quality, any reduction in quantity of services or products customarily available for sale or lease, any violation of privacy, any form of harassment, or any inducement of others to retaliate. [39 FR 35509, Oct. 1, 1974] PART 211-MANDATORY PETROLEUM ALLOCATION REGULATIONS 211.66 Reporting requirements. 211.67 Allocation of domestic crude oil. 211.69 Entitlements adjustment mechanism. APPENDIX A TO PART 211-STANDBY REGULA TIONS § 211.66 Reporting requirements. (a)-(h) [Reserved] (i) Monthly transaction report. On or prior to the tenth day of each month, commencing with the month of February 1975, each refiner and eligible firm that was required to purchase or sell entitlements for the third month prior to the month in which the report is filed shall file with the DOE a report certifying its purchases or sales of entitlements for that prior month. (Emergency Petroleum Allocation Act of 1973, 15 U.S.C. 751 et seq., Pub. L. 93-159, as amended, Pub. L. 93-511, Pub. L. 94-99, Pub. L. 94-133, Pub. L. 94-163, and Pub. L. 94385; Federal Energy Administration Act of 1974, 15 U.S.C. 787 et seq., Pub. L. 93-275, as amended, Pub. L. 94-332, Pub. L. 94-385, Pub. L. 95-70, and Pub. L. 95-91; Energy Policy and Conservation Act, 42 U.S.C. 6201 et seq., Pub. L. 94-163, as amended, Pub. L. 94-385, and Pub. L. 95-70; Department of Energy Organization Act, 42 U.S.C. 7101 et seq., Pub. L. 95-91; E.O. 11790, 39 FR 23185; E.O. 12009, 42 FR 46267) [39 FR 42247, Dec. 4, 1974, as amended at 40 FR 10445, Mar. 6, 1975; 46 FR 20512, and 20520, Apr. 3, 1981] NOTE: The provisions of this section may be affected by Standby Regulation 211-1. Standby Regulation 211-1 appears in appendix A to part 211. § 211.67 Allocation of domestic crude oil. (a) Issuance of entitlements. (1) For each month, commencing with the month of June 1978, each refiner shall be issued a number of entitlements by the ERA equal to the number of barrels of crude oil included in the total volume of that refiner's crude oil runs to stills for that month multiplied by the national domestic crude oil supply ratio for that month, subject to the entitlement adjustment for small refiners set forth in paragraph (e) of this section and the entitlement adjustments in paragraph (a)(4) of this section. (2) Refiners to which entitlements shall be issued under this section shall include all refiners classified as refiner-buyers or refiner-sellers as of December 1, 1974 for purposes of § 211.65. Any refiner that is not so classified, or the refinery capacity of which is not certified by the DOE for purposes of § 211.65, shall apply to the DOE for certification of its refinery capacity for purposes of qualifying to receive entitlements under this section. With respect to the granting of any such application for certification, the DOE shall consider the factors set forth in § 211.65(b)(1)(v) and (vi). (3) For each month in the period July 1, 1979 through September 30, 1981, each eligible firm that has imported an eligible product in that month shall be issued a number of entitlements equivalent to fifty percent (50%) of the number of entitlements that would be received by a refiner (without giving effect to the provisions of § 211.67(e)) in that month with respect to inclusion of a number of barrels of crude oil in that refiner's crude oil runs to stills equal to a number of barrels of that eligible product imported by that eligible firm. An eligible product is imported for purposes of this paragraph (a)(3) in the month, as specified on Customs Forms 7501 and 7505, as appropriate, in which importation takes place. (4) For each month, commencing with the month of June 1978, the number of entitlements issued under paragraph (a) (1) of this section to each refiner shall be increased by: (i) The number of barrels of California lower tier crude oil included in its adjusted crude oil receipts in that month multiplied by a fraction, the numerator of which is $2.38 plus or minus $.09 for each degree API gravity (or fraction thereof) by which the weighted average gravity of all California lower tier crude oil included in that refiner's adjusted crude oil receipts in that month either falls below or exceeds, respectively, 18 degrees API, and the denominator of which is the entitlement price for that month; and (ii) the number of barrels of California upper tier crude oil included in its adjusted crude oil receipts in that month multiplied by a fraction, the numerator of which is $1.45 plus or minus $.09 for each degree API gravity (or fraction thereof) by which the weight average gravity of all California upper tier crude oil included in that refiner's adjusted crude oil receipts in that month either falls below or exceeds, respectively, 18 degrees API, and the denom inator of which is the entitlement price for that month: Provided, That the dollar value of additional entitlements issued under this paragraph (a)(4) shall not exceed the dollar value of the obligation (as calculated under paragraph (b) of this section) for the crude oil with respect to which such additional entitlements are issued. The refiner shall calculate and report the weighted average gravity of California lower tier crude oil and California upper tier crude oil separately, and in calculating such weighted average gravities shall (A) determine the gravity of such crude oil for each receipt of such crude oil in that month on the basis of the gravity of such crude oil at the time it becomes a receipt, and (B) determine a single monthly weighted average gravity for such crude oil by weight averaging (on a volumetric basis) all of such individual receipts in that month. (5) (i) For each month, entitlements shall be issued with respects to a petroleum substitute as follows: (A) In the case of a shale oil used as a feedstock or fuel in a domestic refinery, the refiner shall be issued, upon certification prior to Janaury 28, 1981, to ERA that the shale oil has been used as a feedstock or fuel in a domestic refinery, that number of entitlements that would be received by the refiner if each barrel of the shale oil were a barrel of crude oil. (B) In the case of a shale oil used or sold for use domestically as fuel other than in a refinery, the producer of the shale oil shall be issued, upon certification prior to January 28, 1981, to ERA that the shale oil has been used or sold for use domestically as fuel other than in a refinery, that number of entitlements that would be received by a refiner if each barrel of the shale oil were a barrel of crude oil. (C) In the case of ethyl alcohol derived from domestic biomass and mixed with gasoline, the producer of the ethyl alcohol shall be issued that number of entitlements that would be received by a refiner if a barrel of ethyl alcohol were equal to 0.6189 barrels of crude oil; Provided, That entitlements will be issuable to a producer of ethyl alcohol only upon written cer tification prior to January 28, 1981, by the producer to ERA that (1) The producer has actually mixed the ethyl alcohol with gasoline and used the resulting mixture domestically as fuel or sold the mixture for domestic use as fuel; or (2), In any case where the producer sells the ethyl alcohol prior to mixing with gasoline, the producer has received written certification from a subsequent purchaser that such person (i) Has been the first person to actually mix the ethyl alcohol with gasoline; (ii) Has used the resulting mixture domestically as fuel or sold the mixture for domestic use as fuel; (iii) Has based certification as to such use or sale upon documentation; and (iv) Will maintain such documentation in a manner so as to be available for inspection at any time by the ERA within five years. (D) In the case of municipal solid waste, the person who first processes the municipal solid waste to produce a solid fuel shall be issued that number of entitlements that would be received by a refiner if each ton of municipal solid waste processed were equal to 1.40 barrels of crude oil; Provided, That entitlements will be issuable to the processor of the municipal solid waste only upon written certification prior to January 28, 1981, by the processor to ERA that the processor has (1) actually used the solid waste or solid derivative thereof domestically to produce useful energy and that the energy thus produced has actually been used as fuel; or (2) sold the solid waste or solid derivative thereof or useful energy produced from either the solid waste or its derivative for domestic use as fuel. (E) In the case of methane derived from municipal sewage or domestic landfills, the collector of the methane shall be issued, upon certification prior to January 28, 1981, to ERA that the methane has been used or sold for use domestically as fuel, that number of entitlements that would be received by a refiner if each unit of methane having a gross heating value of 5.7 million BTU's were a barrel of crude oil. (F) In the case of solid waste or a solid or gaseous derivative thereof which has been designated as a petroleum substitute by ERA in an order issued pursuant to § 205.95 of this chapter before January 28, 1981, that person designated by ERA as eligible to participate in the entitlements program with respect to such petroleum substitute shall be issued that number of entitlements that would be received by a refiner if the unit of measurement established by ERA for that petroleum substitute were a barrel of crude oil. (G) In the case of a liquid petroleum substitute which has been designated as a petroleum substitute by ERA in an order issued pursuant to § 205.95 of this chapter before January 28, 1981, and which has a gross heating value of 5.7 million or more BTU's per barrel, that person designated by ERA as eligible to participate in the entitlements program with respect to the petroleum substitute shall be issued that number of entitlements that would be received by a refiner if a barrel of the petroleum substitute were a barrel of crude oil. (H) In the case of a liquid petroleum substitute which has been designated as a petroleum substitute by ERA in an order issued pursuant to § 205.95 of this chapter before January 28, 1981, and which has a gross heating value of less than 5.7 million BTU's per barrel, that person designated by ERA as eligible to participate in the entitlements program with respect to the petroleum substitute shall be issued that number of entitlements that would be received by a refiner if a barrel of the petroleum substitute were equal to a fraction of a barrel of crude oil, the numerator of which would be the gross heating value in BTU's per barrel of the petroleum substitute, and the denominator of which would be 5.7 million BTU's. An order issued by ERA to designate a petroleum substitute shall also designate the firm to which entitlements will be issued and the manner in which the use of the petroleum substitute by that firm shall result in entitlement issuances. (ii) Each firm shall in its initial report to ERA for purposes of receiving entitlements pursuant to the pro E visions of paragraph (a)(5)(i) of this section submit written certification that all local, state, or federal permits or licenses required with respect to the production, distribution or any other use of the petroleum substitute have been obtained and provide copies of such permits and licenses and, as required by ERA, any information submitted to a governmental body for the purpose of obtaining any applicable permit or license. Each such firm shall in its initial report and each month thereafter submit any information required by ERA to be submitted by such firm on forms adopted by ERA for purposes of determining the entitlements issuable to such firm. A firm shall provide written certification in any submission that the information set forth therein is accurate and based upon documentation, and, further, that such firm will maintain such records in a manner so as to be available for inspection at any time by the ERA within five years. Records required to be kept under this subparagraph shall be made available for inspection at any time upon the request of a representative of ERA. (6)(i) For each month in the period May 1, 1979 through October 31, 1979, each firm that imports "distillate fuel oil, less No. 4" and "kerosene" as those terms are defined in the instructions to ERA Form ERA-60, that is the importer of record under a license issued pursuant to Part 213 of this chapter, E and that owns the product at the time of importation thereof pursuant to that license shall be issued a number of entitlements equal to the number of barrels of distillate fuel oil, less No. 4, and kerosene imported in that month by that firm multiplied by a fraction, the numerator of which is $5, and the denominator of which is the entitlement price for that month. 1 (ii) For purposes of paragraph (a)(6), the time of importation shall be the earliest of the following dates as specified on the Customs Form 7501 or 7505: (A) The "release date"; (B) the "entry date"; (C) the "validation date"; (D) the “PAID stamp date”; (E) the "date of importation"; or (F) the "withdrawal date." (7)(i) For each month commencing with the month of August 1980, the United States Government shall be issued entitlements for crude oil purchased for, delivered to, and accepted for delivery to the Strategic Petroleum Reserve in the following month. The number of entitlements issued shall be calculated in accordance with the provisions of paragraphs (a)(7)(iii) through (vi) of this section. (ii) In any case where the United States Government acquires from a refiner or other firm crude oil for storage in the Strategic Petroleum Reserve pursuant to an exchange or matching purchase and sale transaction, no domestic crude oil shall be deemed to have been transferred by that refiner or other firm in that exchange or transaction and such volume of domestic crude oil deemed to have been retained shall be included in a refiner's crude oil receipts in the month in which such domestic crude oil is delivered to and accepted for delivery to the Strategic Petroleum Reserve, and the United States Government shall be issued entitlements for the month prior to the month in which such domestic crude oil is delivered to and accepted for delivery to the Strategic Petroleum Reserve. The number of entitlements issued shall be calculated in accordance with the provisions of paragraphs (a)(7)(iii) through (vi) of this section on the basis of the volume of crude oil given up by the Government in any such exchange or transaction. Notwithstanding anything to the contrary in 10 CFR part 212, in any matching purchase and sale transaction subject to this paragraph, the United States Government may pay and the seller may receive any price for the crude oil purchased by the United States Government for the Strategic Petroleum Reserve. (iii) One entitlement shall be issued for each barrel of imported crude oil and each barrel of domestic crude oil the first sale of which is not subject to the ceiling price limitations of subpart C of part 212 of this chapter. (iv) A fraction of an entitlement shall be issued for each barrel of upper tier crude oil other then ANS upper tier crude oil, the numerator of which is the difference between the reported weighted average cost per |