Case No. RF321-21089

January 30, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Applicants: Texaco Inc./

William Penry

Joanna Penry

Date of Filing: November 6, 1996

Case Numbers: RF321-21089

RF321-21090

On August 3, 1995, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting refunds to five applicants in the Texaco Inc. special refund proceeding. Beal's Texaco et al., Case Nos. RF321-11266 et al. (August 3, 1995). In that Decision and Order, the OHA granted Hilliard Penry, Case No. RF321-16248, a refund of $263 ($177 principal plus $86 interest) based on purchases of 160,820 gallons of refined petroleum products by Penry's Texaco, a service station that Mr. Penry had operated.

The DOE Office of the Controller has informed the OHA that the $263 check issued to Mr. Penry was returned to the U.S. Treasury by the U.S. Postal Service since it was undeliverable at the address indicated in the Decision and Order. The check has been cancelled by the Treasury and the funds deposited into the Texaco Inc. escrow account, Consent Order No. RTXE006A1Z. In a letter dated November 6, 1996, Joanna Penry, daughter of Hilliard Penry, informed this Office that her father was deceased. She further stated that she and her brother, William Penry, were her father's only surviving heirs.

Consequently, the $263 refund granted to Hilliard Penry shall be reissued to William Penry and Joanna Penry.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the Department of Energy on August 3, 1995, Texaco Inc./Beal's Texaco et al., is hereby revised as to Penry's Texaco, Case No. RF321-16248, redesignated as Case No. RF321-21089 (William Penry) and Case No. RF321-21090 (Joanna Penry) as set forth in Paragraph (2) and Paragraph (3) below.

(2) The Director of Special Accounts and Payroll, Office of Departmental Accounting and Financial

Systems Development, Office of the Controller, of the Department of Energy shall take appropriate action to disburse from the DOE deposit fund escrow account maintained at the Department of the Treasury and funded by Texaco Inc., Consent Order No. RTXE006A1Z, $132 ($89 principal plus $43 interest) to:

Joanna Penry

P.O. Box 554

Trinity, NC 27370

(3) The Director of Special Accounts and Payroll, Office of Departmental Accounting and Financial Systems Development, Office of the Controller, of the Department of Energy shall take appropriate action to disburse from the DOE deposit fund escrow account maintained at the Department of the Treasury and funded by Texaco Inc., Consent Order No. RTXE006A1Z, $132 ($89 principal plus $43 interest) to:

William Penry

P.O. Box 258

Trinity, NC 27370

(4) This is a final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: January 30, 1997