of the ceiling price rules on crude oil production.

This would remove from producers the present

recordkeeping and other burdens attendant to

compliance with these regulations. It could also
result in the elimination of price controls on crude
oil resellers and the supplier-purchaser freeze on
crude oil. Certain DOE audit functions would also
be simplified somewhat, in that audits would not be
required to assure that ceiling prices are not being
exceeded.

This new system is conceptually compatible with a Crude Oil Equalization Tax (COET). However the method for calculating the tax on each barrel under the version of COET approved by the House of Representatives relies on the existence of ceiling prices, which the new pricing system would seek to supplant. If Congress approves the COET in its current form, DOE could (a) forego this new pricing system, (b) implement it but retain ceiling prices at relevant levels, or (c) seek a legislative amendment

to the COET calculation mechanism. There would be time, during the COET phase-in years, to secure the measures necessary for the latter course. Should the Congress adopt the President's version of the COET, which calculated the tax on refiner acquisition costs rather

Is there a process by which ERA can compromise
amounts of overcharges by fuel oil dealers in
violation of the pricing provisions? If not,
would such a process be desirable?

DOE has taken the position that it has statutory
authority to accept less than the full amount
of the overcharge in the context of a consent
settlement between DOE and the overcharging
company. Both the Office of Enforcement and
the Office of Special Counsel are taking

steps to ensure that this authority can be used
in appropriate cases.

5. Q.

Do you need additional statutory authority to
establish a statute of limitations for violations
of the pricing and allocation provisions of the
law? Would you favor creation of a statute of
limitations?

A. DOE's present legal and administrative authorities
are ample to establish a limitation upon the
commencement of compliance actions, and we do

not believe that additional legislation is necessary.
We believe that at some point a statute of limitations
would be desirable. However, a limitation which

would insulate embargo period violations before

audits of the major refiners and other large

firms have been completed would be premature.

6. Q.

A.

When DOE prepares a reporting form with which to
gather information, what effort is made to ensure that.
the information isn't already collected and available
through another source, such as another government
agency? Are there any special efforts made to minimize
the burden on small business?

The Energy Information Administration takes the fol-
lowing steps:

O

Consults the subject matter index of the annual

General Accounting Office (GAO) publication "Fed-
eral Information Sources and Systems."

These agencies

Distributes copies of proposed data collection
instruments to other government agencies, trade,
and public interest associations.
and associations are asked to review the surveys with
several criteria in mind, one of these being dupli-
cation with existing surveys or other data gather-
ing efforts.

Consults with the Office of Management and Budget
(OMB) during its review of any clearance request.
OMB questions the possibility of duplication and, if
it exists, requires the Department to either with-
draw the proposal or modify it accordingly.

DOE takes measures to minimize reporting burden on
small business as follows:

о

Provides copies of proposed data collection surveys that may effect small business to the DOE Office of

Small Lusiness for review and comment.

Also, copies

are forwarded to external groups as discussed above. Appropriate action is then taken.

Limits, where possible, the number of small compan

ies required to fill out any survey by sampling the universe of those smaller companies rather than requiring all of them to report.

Applies criteria to protect small business from reporting burden by the OMB administered President's Reporting Burden Reduction Program and by exercising DOE's Regulatory Reform Task Force initiatives.