Case No. RR272-00284

March 10, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Applicant: Nashua Equity Cooperative

Date of Filing: January 27, 1997

Case Number : RR272-284

On November 1, 1996, the Office of Hearings and Appeals (OHA) of the Department of Energy issued a Decision and Order granting supplemental crude oil refunds to 13 applicants. Reimer Express Lines, Case Nos. RG272-500 et al. (November 1, 1996). In that Decision and Order, the OHA granted Nashua Equity Cooperative (Nashua), Case No. RG272-538, a refund of $5,987 based on purchases of 3,741,618 gallons of refined petroleum products.

In a letter dated January 10, 1997, Joe Merfeld, Trustee for Nashua, informed the OHA that the figure of 3,741,618 gallons, on which the refund was based, was incorrect. Mr. Merfeld stated that Nashua's actual purchases totaled 5,172,267 gallons of refined petroleum products as he indicated in Nashua's Application for Refund. That figure was based solely on gallons sold to members of the cooperative; gallons sold to non-members were not included in Nashua's total gallonage figure. The OHA, however, mistakenly reduced Nashua's gallonage figure by 1,430,649, the number of gallons we believed Nashua sold to non-members.

Consequently, the OHA will approve Nashua's Motion for Reconsideration. Nashua will receive a refund of $2,289 based on the 1,430,649 gallons erroneously subtracted from its initial gallonage claim.

It Is Therefore Ordered That:

(1) The Motion for Reconsideration filed by Nashua Equity Cooperative, Case No. RR272-284, is hereby granted.

(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 $2,289 from the DOE deposit escrow fund denominated Crude-Tracking Claimants IV, Account No. 999DOE010Z, maintained at the Department of the Treasury, to:

Nashua Equity Cooperative

c/o Joe Merfeld

3195 280th Street

Nashua, IA 50658

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: March 10, 1997