Case No. RJ272-00052

December 23, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Applicant:Apache Tank Lines, Inc.

Date of Filing:November 13, 1997

Case Number:RJ272-52

The Office of Hearings and Appeals (OHA) of the Department of Energy is in the process of issuing supplemental Subpart V crude oil refunds to firms that were previously granted a crude oil refund. Due to a clerical error, Apache Tank Lines, Inc. (Apache) received a supplemental refund to which it was not entitled. This Decision and Order rescinds the erroneous refund and directs the firm to repay the funds to DOE.

Apache's crude oil refund application was approved on July 25, 1990, and the firm received an initial refund of $3,695 (RF272-71468). The firm applied for, and was granted, the supplemental refund to which it was entitled (also $3,695) on October 8, 1996. However, previously the firm's name and address had erroneously been entered into OHA's database under the case number for another applicant, Ferro Corporation (RF272- 71488). As a result, on February 5, 1996, Apache was granted the $10,735 refund to which Ferro was entitled (Case No. RK272-2589). Under these circumstances, we shall require Apache to repay the amount of the erroneous payment. At the time the supplemental refund was granted, Apache was in the process of liquidating its operations. Under these circumstances, if the firm is unable to fulfill this repayment obligation, its two owners Dale D. Hancock and Dick G. Geisler shall each be responsible for one-half of the repayment obligation.

It Is Therefore Ordered That:

(1) The Supplemental Order issued by the DOE on February 5, 1996, Farmers Coop Association, et al., Case Nos. RK272-2475, et al., is hereby rescinded as to Apache Tank Lines, Inc., Case No. RK272-2589.

(2) Apache Tank Lines, Inc., and its owners, Dale D. Hancock and Dick G. Geisler, are hereby directed to remit the sum of $10,735 to the DOE within 30 days. The check shall

be made payable to the “Department of Energy,” and shall prominently display Case No. RJ272-52 and shall be sent to:

Department of Energy

Office of the Controller

Cash Control Branch

P.O. Box 500

Germantown, MD 20874

In the event that payment is not made within 30 days of the date of this Supplemental Order, interest shall accrue from the date of this Supplemental Order 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 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: December 23, 1997