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The Customer Co. Claim No. 17179 -3- (d)(1) "Small business" means an independently owned and operated business that is not dominant in its field of operation, . . . and that, together with affiliates, has 100 or fewer employees, and average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c), with 100 or fewer employees. The Small Business Regulations implement Government Code Section 14837(d) by establishing current small business standards. Section 1896.12(a), of the Small Business Regulations describes, in relevant part, the current qualifying criteria for small business certification as follows: (a) To be eligible for certification as a small business, a business must meet all of the following qualifying criteria: (1) It is independently owned and operated; and (2) . . . [business location requirement not relevant for Fund purposes] (3) . . . [business owners' domicile requirement not relevant for Fund purposes] (4) It is not dominant in its field of operation(s), and (5) It is either: (A) A business that, together with all affiliates, has 100 or fewer employees, and annual gross receipts of twelve million dollars ($12,000,000) or less as averaged for the previous three tax years, as adjusted by the Department pursuant to Government Code Section 14837(d)(3); or (B) A manufacturer as defined herein that, together with all affiliates, has 100 or fewer employees... Background The original claim application, which was received on March 14, 2002, indicated that Convenience Acquisition Company (CAC)was the UST owner and operator at time of application submittal and Customer Company (Customer) was the UST owner and operator at time of discovery of release. At that time, you indicated that Customer was a Priority Class "C and CAC was a Priority Class "C. The Fund received a request for an FMD on November 6, 2008, to change this claim to Priority Class "B", along with supporting documentation to confirm that Customer meets the requirements for this priority class change. However, no documentation was submitted to confirm that CAC or Customer met the Priority Class "B" requirements at the time of the original application submittal. By letters dated June 11, 2009, and August 5, 2009, Fund Staff sent you the revised Priority Class "B" submission requirements, which requires the claimant to identify their potential affiliates and provide CalifortriaZlii ironmenlalProlecliore.4gelrcy �G?RecycledPaper