Case No. RA272-00076
January 30, 1997
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Applicant: Edwards Bros., Inc.
Date of Filing: January 25, 1991
Case Number: RA272-76
On September 11, 1966, the Office of Hearings and Appeals of the Department of Energy (DOE) issued a Decision and Order granting a refund to Edwards Bros., Inc. (Edwards) in the Subpart V crude oil refund proceeding (Case No. RF272-86242). The amount of the refund was granted was $11,308, based on purchases of 7,067,749 gallons of refined petroleum products.
The refund application was filed through McMickle & Edwards (M&E), a filing service. On October 21, 1996, M&E informed us that the refund amount was in error as we did not take into account a letter from them reducing the amount of the refund claim and a previous refund that had been granted the firm (Case No. RF272-66376). M&E stated that the refund should have been $2,007, based upon purchases of 1,254,118 gallons. We will therefore adjust the approved gallonage accordingly, and will require Edwards and M&E to refund $9,301, the excessive refund amount.
It Is Therefore Ordered That:
(1) The Decision and Order issued by the DOE on September 11, 1996, Clifford Cohen, et al., RF272-85021 et al., is hereby rescinded in part with respect to Clifford Cohen (Case No. RF272- 85021, redesignated RA272-76).
(2) Edwards Bros., Inc., and McMickle and Edwards shall remit the $9,301 to the DOE within 30 days. The check shall be made payable to the "U.S. Department of Energy," shall prominently display Case No. RA272-76, and shall be sent to:
Department of Energy
Office of the Controller
Cash Control Branch
P.O. Box 500
Germantown, MD 20874-0500
In the event that payment is not made within 30 days of the date of this Decision and Order, interest shall accrue on the amount due at the rate generally assessed by the Department of Energy on overdue receivables. Other charges generally assessed on overdue DOE receivables shall also apply.
(3) Upon notification by the Office of the Controller of the receipt of these funds, the Director of Special Accounts and Payroll, Office of the Departmental Accounting and Financial Systems Development, Office of the Controller of the Department of Energy, shall deposit these funds into the deposit fund escrow account maintained at the Department of the Treasury denominated Crude Tracking-Claimants 4, Account No. 999DOE010Z.
(4) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: January 30, 1997