(a) The recordkeeping requirements that were in effect on January 27, 1981, in parts 210, 211, and 212 will remain in effect for (1) all transactions prior to February 1, 1981; and (2) all allowed expenses incurred and paid prior to April 1, 1981 under § 212.78 of part 212. These requirements include, but are not limited to, the requirements that were in effect on January 27, 1981, in § 210.92 of this part; in §§ 211.67(a)(5)(ii); 211.89; 211.109, 211.127; and 211.223 of part 211; and in §§ 212.78(h)(5)(ii); 212.78(h)(6); 212.83(c)(2)(iii)(E)(I); 212.83(c)(2)(iii)(E)(II); 212.83(c)(2)(iii); “Fi t”; 212.83(i); 212.93(a); 212.93(b)(4)(iii)(B)(I); 212.93(i)(4); 212.94(b)(2)(iii); 212.128; 212.132; 212.172; and § 212.187 of part 212.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

(b) Effective February 5, 1985, paragraph (a) of this section shall apply, to the extent indicated, only to firms in the following categories. A firm may be included in more than one category, and a firm may move from one category to another. The fact that a firm becomes no longer subject to the recordkeeping requirements of one category shall not relieve that firm of compliance with the recordkeeping requirements of any other category in which the firm is still included.

(1) Those firms which are or become parties in litigation with DOE, as defined in paragraph (c)(1) of this section. Any such firm shall remain subject to paragraph (a) of this section. DOE shall notify the firm in writing of the final resolution of the litigation and whether or not any of its records must be maintained for a further period. DOE shall notify a firm which must maintain any records for a further period when such records are no longer needed.

(2)(i) Those firms which as of November 30 1984, have completed making all restitutionary payments required by an administrative or judicial order, consent order, or other settlement or order but which payments are on February 5, 1985, still subject to distribution by DOE. This requirement is applicable to only those firms listed in appendix B. Any such firm shall maintain all records for the time period covered by the administrative or judicial order, consent order, or other settlement or order requiring the payments, evidencing sales volume data for each product subject to controls and customers’ names and addresses, until one of the following: June 30, 1985, unless this period is extended on a firm-by-firm basis; the end of the individual firm’s extension; or the firm is notified in writing that its records are no longer needed.

(ii) Those firms which as of November 30, 1984, are required to make restitutionary or other payments pursuant to an administrative or judicial order, consent order, or other settlement or order. Any such firm shall remain subject to paragraph (a) of this section until the firm completes all restitutionary payments required by the administrative or judicial order, consent order, or other settlement or order. However, after completing all such payments, a firm shall maintain all records described in paragraph (b)(2)(i) of this section until one of the following: Six months after the firm completes all such payments, unless this period is extended on a firm-by-firm basis; the end of the individual firm’s extension; or the firm is notified in writing that its records are no longer needed.

(3)(i) Those firms with completed audits in which DOE has not yet made a determination to initiate a formal enforcement action and firms under audit which do not have outstanding subpoenas. Any such firm shall maintain all records for the period covered by the audit including all records necessary to establish historical prices or volumes which serve as the basis for determining the lawful prices or volumes for any subsequent regulated transaction which is subject to audit, until one of the following: June 30, 1985, unless this period is extended on a firm-by-firm basis; the end of the individual firm’s extension; or the firm is notified in writing by DOE that its records are no longer needed. However, if a firm in this group shall become a party in litigation, the firm shall then be subject to the recordkeeping requirements for firms in litigation set forth in paragraph (b)(1) of this section.

(ii) Those firms under audit which have outstanding subpoenas on February 5, 1985, or which receive subpoenas at any time thereafter or which have supplied records for an audit as the result of a subpoena enforced after November 1, 1983. Any such firm shall remain subject to paragraph (a) of this section until two years after ERA has notified the firm in writing that is in full compliance with the subpoena or until ERA has received from the firm a sworn certification of compliance with the subpoena as required by 10 CFR 205.8. However, if a firm in this group shall become a party in litigation, the firm shall then be subject to the recordkeeping requirements for firms in litigation set forth in paragraph (b)(1) of this section.

(4) Those firms which are subject to requests for data necessary to verify that crude oil qualifies as “newly discovered” crude oil under 10 CFR 212.79. Any such firm shall maintain the records evidencing such data until one of the following: June 30, 1985, unless this period is extended on a firm-by-firm basis; the end of an individual firm’s extension; or the firm is notified in writing by DOE that its records are no longer needed. However, if a firm in this group shall become a party in litigation, the firm shall then be subject to the recordkeeping requirements for firms in litigation set forth in paragraph (b)(1) of this section.

(5) Those firms whose records are determined by DOE as necessary to complete the enforcement activity relating to another firm which is also subject to paragraph (a) of this section unless such firms required to keep records have received certified notice letters specifically describing the records determined as necessary. At that time, the specific notice will control the recordkeeping requirements. These firms have been identified in appendix A. Any such firm shall maintain these records until one of the following: June 30, 1985, unless this period is extended on a firm-by-firm basis; the end of the individual firm’s extension; or the firm is notified in writing by DOE that its records are no longer needed.

(6) Those firms which participated in the Entitlements program. Any such firm shall maintain its Entitlements-related records until six months after the final judicial resolution (including any and all appeals) of Texaco v. DOE, Nos. 84-391, 84-410, and 84-456 (D. Del.), or the firm is notified by DOE that its records are no longer needed, whichever occurs first.

(c) For purposes of this section:

(1) A firm is “a party in litigation” if:

(i)(A) The firm has received a Notice of Probable Violation, a Notice of Probable Disallowance, a Proposed Remedial Order, or a Proposed Order of Disallowance; or

(B) The firm and DOE are parties in a lawsuit arising under the Emergency Petroleum Allocation Act of 1973, as amended (15 U.S.C. § 751 et seq.) or 10 CFR parts 205, 210, 211, or 212; and

(ii)(A) There has been no final (that is, non-appealable) administrative or judicial resolution, or

(B) DOE has not informed the firm in writing that the Department has completed its review of the matter.

(2) A firm means any association, company, corporation, estate, individual, joint-venture, partnership, or sole proprietorship, or any other entity, however organized, including charitable, educational, or other eleemosynary institutions, and state and local governments. A firm includes a parent and the consolidated and unconsolidated entities (if any) which it directly or indirectly controls.

Appendix A to 10 CFR 210.1—Third Party FirmsName of FirmA & R, Inc.A. J. PetroleumADA Resources, Inc.ATC PetroleumAbbco Petroleum, Inc.Ada Oil CompanyAdams GroceryAdvanced Petroleum Distributing Co.Agway Inc.Allegheny Petroleum Corp.Alliance Oil and Refining CompanyAllied Chemical Corp.Allied TransportAmerada Hess Corp.American Natural Crude Oil Assoc.Amoco Production CompanyAmorient Petroleum, Inc.An-Son Transportation Co.Anadarko Products Co.Andrus Energy Corp.Antler PetroleumArco Pipeline CompanyArmada Petroleum Corp.Armour Oil CompanyArnold Brooks Const. Inc.Ashland OilAsiatic Petroleum Co.Aspen Energy, Inc.Athens General HospitalAtlantic Pacific Energy, Inc.Atlas Processing CompanyB & B Trading CompanyBLT, Inc.BPM, Ltd.Baker Services, Inc.Basin Inc.Basin Petroleum, Inc.Beacon Hill MobilBelcher Oil CompanyBighart Pipeline CompanyBigheart Pipeline CorpBowdoin Square ExxonBowdoin Super Service (Sunoco)Brio Petroleum, Inc.BrixonC.E. NormanCPI Oil & RefiningCRA-Farmland Industries, Inc.Calcaseiu Refining, Ltd.Carbonit Houston, Inc.Carr Oil Company, Inc.Castle Coal & Oil Co.Central Crude CorporationCentury Trading Co.Charter Crude OilChastain VineyardChevron USA, Inc.Cibro Petroleum, Inc.Cirillo BrothersCities Service (Citgo) StationCities Service CompanyCities Service MidlandCity of AthensClarke County Board of EducationClaude E. SilveyCoastal Corporation (The)Coastal Petroleum and Supply Inc.Coastal States Trading CompanyCommonwealth Oil Refining Co., Inc.Coral Petroleum Canada, Inc.Coral Petroleum, Inc.Corex of GeorgiaCothran Interstate ExxonCouch’s Standard ChevronCougar Oil Marketers Inc.Crude Company (The)Crystal Energy CorporationCrystal RefiningD & E LoggingDDC Corporation of AmericaDarrell WilliamsonDavis EllisDays Inn of America, Inc.Delta Petroleum & Energy Corp.Derby & Company, Inc.Derby Refining CompanyDewveall PetroleumDixie Oil CompanyDixon Oil Co.Don HardyDonald ChildsDow Chemical CompanyDr. Joe L. GriffethDriver Construction Co.Drummond Brothers, Inc.Duffie Monroe & Sons Co., Inc.ECI (A/K/A Energy Cooperative Inc.)Earnest DaltonEarth Resources TradingEastern Seaboard Petroleum, Inc.Elmer HammonElvin KnightEmpire Marketing, Inc.Encorp.Energy Cooperative, Inc.Energy Distribution Co.Englehard CorporationEnglehard Oil CorporationEntexEvans Oil Co.Exxon CompanyF & S Trading Company, Inc.Farmers Union Central Exchange, Inc.Farmland Industries Inc.Fasgo, Inc.Fedco Oil CompanyFederal Employees Distributing Co.Fitzpatrick SpreaderFlutz Oil CompanyFlying J. Inc.Foremost PetroleumFour Corners Pipe LineFrank KatzFrank W. AbrahamsenFrank’s Butane, Inc.Friendswood RefineryFrontier Manor CollectionFuel Oil Supply & Terminaling, Inc.G. C. Clark Company GPC Marketing CompanyGary Refining Co.Geer Tank Trucks, Inc.Gene ClaryGene McDonaldGeneral Crude Oil CompanyGeodynamics Oil & Gas Inc.George KennedyGeorge Smith ChevronGleason Oil CompanyGlenn CompanyGlobe Oil Co.Godfrey’s Standard ServiceGood Hope Industries, Inc.Good Hope Refineries, Inc.Granite Oil CompanyGuam Oil & Refining Co., Inc.Gulf States Oil & Refining CompanyH. D. AdkinsonH. H. DunsonH.S. & L, Inc.HNG Oil Company Harbor Petroleum, Inc.Harbor TradingHarmony Grove Mills, Inc.Harry RosserHast Oil, Inc.Heet Gas CompanyHenry Alva MercerHerndon Oil & Gas CompanyHorizon Petroleum CompanyHouston Oil & Minerals Products Co.Houston Oil & RefiningHowell CorporationHurricane Trading Company, Inc.Hydrocarbon Trading and Transport Co.Inco TradingIndependent Refining Corp.Independent Trading CorporationIndiana Refining, Inc.Intercontinental Petroleum Corp.International Crude CorporationInternational PetroInternational Petroleum Trading, Inc.International ProcessorsIsthmus Trading CorporationJ & M TransportJ. & J.’s Fast StopJ. A. Rackerby CorporationJ. H. BaccusJ. H. Baccus & Co.J. J. WilliamsonJ. M. Petroleum CorporationJPK IndustriesJack W. GrigsbyJaguar Petroleum, Inc. James L. BushJay Petroleum CompanyJay-Ed Petroleum Company John W. McGowanKalama Chemical, Inc.Kelly Trading Corp.Kenco RefiningKerr-McGee CorporationKoch FuelKoch Industries, Inc.Kocolene OilKocolene StationL & L Resources, Inc.L.S. ParkerLaGloria Oil & Gas LaJet, Inc.Lamar Refining Co.Langham Petroleum Corp. Larry RobertsLaurel Oil, Inc.Lee AllenLincoln Land Sales CompanyListo Petroleum Inc.Longview Refining Corp.Love’s StandardLucky Stores Inc.M.L. MorrowMagna Energy CorporationMagnolia Oil CompanyMansfield Oil Co.Mapco Petroleum, Inc.Mapco, Inc.Marion Trading Co.Marlex Oil & Refining, Inc.Marlin Petroleum, Inc.Martin Oil CompanyMathew’s GroceryMcAuleep Oil Co.McAuley Oil CompanyMeadows Gathering, Inc.Mellon Energy Products Co.Merit Petroleum, Inc.Metro Wash, Inc.Miller Oil Purchasing Co.Minor Oil, Inc.Minro Oil, Inc.Mitchell Oil Co.Mitsui & Co. (USA) Inc.Mobil Bay Refining CompanyMontgomery Well DrillingMundy Food MarketMunford, Inc.Mutual PetroleumNRG Oil CompanyNational Convenience Stores National Cooperative RefineryNicholson Grocery and Gas North American PetroleumNortheast Petroleum Corp.Northeast Petroleum CorporationNorthgate Auto CenterNorthwest Crude, Inc.Nova Refining Corp.Occidental Petroleum Corp. (includes Permia)Ocean Drilling and Exploration Co.Oil Exchange, Inc.OilcoOmega Petroleum Corp.Otoe CorporationOxxo Energy Group, Inc.P & O Falco, Inc.P. L. Heatley Co.PEH, Inc.PIB, Inc.PSW Distributors CompanyPacific Refinery, Inc.Pacific Resources, Inc.Pan American Products Corp. Par Brothers Food StorePauley Petroleum Inc.Pennzoil Co.Permian Corporation (The)Pescar International Corp.Pescar International Trading Co.Petraco (U.S.A.) Inc. Petrade InternationalPetrol Products, Inc. Phillips Petroleum Company Phoenis Petroleum Co. Phoenix Petroleum Co. Pine MountainsPoole Petroleum Port Petroleum Presley Oil Co. Procoil Inc.Publiker Industries, Inc.Pyramid Dist. Co., Inc.Questor Crude Oil CompanyQuitman Refining Co.R. H. Garrett PavingRa-Gan Fuel, Inc.Reeder Distributing Co.Reeder Distributors Reese Exploration Co.Research Fuels Inc. Revere Petroleum Co.Richardson-Ayres, Inc.Robert Bishop Robert PatrickRoberts Grocery Rock Island Refining CorporationRogers Oil CompanyRoy Baerne Russell Oil CompanyS. G. Coplen SECO (Scruggs Energy)Saber Crude Oil, Inc. Saber Refining CompanySalem Ventures, Inc. Samson Resources CompanySanta Fe Energy Products Co. Saye’s Truck StopScandix Oil Limited Score, Inc. Scruggs Energy Company Scurlock Oil CompanyScurry Oil CompanySeamount Petroleum Company Seaview Petroleum CompanySector Refining, Inc. Selfton Miller Shepherd Trading CorporationShulze ProcessingSigmor CorporationSkelly Oil CompanySouth Hampton Refining CompanySouth Texas LP Gas Co.Southern Crude Oil ResourcesSouthern Terminal & Transport, Ltd.Southern Union CompanySouthwest Petro. EnergySouthwest PetrochemStandard Oil Co. (Ohio)Standard Oil Co. of CaliforniaStandard Oil Company (Indiana)Standard Oil Company (Ohio)Sterling Energy CompanySteve ChildsStix Gas Company, Inc.Sunset GrocerySunset Oil & Refining, Inc.Swanee Petroleum CompanyT & P EnterprisesT. B. EleyT. E. JawellTauber Oil CompanyTenneco, Inc.Tesoro Crude Oil CompanyTexana Oil & Gas Corp.Texas American Petrochemicals (TAP)Texas City RefiningTexas Eastern Transmission Corp.Texas Energy Reserve CorporationTexas Pacific Oil CompanyThomas CockvellThomas Petroleum Products, Inc.Thorton Oil CompanyThyssen IncorporatedTiger Petroleum CompanyTime Oil Co.Tipperary Refining CompanyTom BanksTom SmithTomlinson Petroleum, Inc.Tosco CorporationTotal Petroleum, Inc.Trans-Texas Petroleum Corp.Transco Trading CompanyTurboil Oil and RefiningTwo Rivers Oil & Gas Co., Inc.U-Fill ‘er UpUSA Gas, Inc.Uni Oil CompanyUnion Oil of CaliforniaDoram EnergyUnited Petroleum MarketingUnited Refining CompanyUnited Refining, Inc.Universal RundleVal-Cap, Inc.Vedetta Oil Trading, Inc.Vedette Oil Trading, Inc.Vickers Energy Corp.W. C. ColquittW. T. StricklandW. W. BlantonW.A. Nunnally, Jr., Construction Co.W.D. PorterfiledWellven, Inc.West Texas Marketing Corp.Western Crude Oil, Inc.Western Fuels, Inc.Wight Nurseries of Oglethorpe Co.William SeaboltWilson’s Used TractorsWindsor Gas Corp.Wyoming RefiningAppendix B to 10 CFR 210.1—Firms With Completed Payments Subject to Distribution

The following firms have completed making restitutionary payments to DOE but their payments are still subject to distribution by DOE. Each such firm must maintain relevant records until June 30, 1985, unless this period is extended on a firm-by-firm basis. Relevant records are all records of the firm, including any affiliates, subsidiaries or predecessors in interest, for the time period covered by the judicial or administrative order, consent order, or other settlement or order requiring the payments, evidencing sales volume data for each product subject to controls and customers’ names and addresses.