August 12, 2003

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner:Zapata Coal Corporation

Date of Filing:August 7, 2003

Case Number: RC272-00430

On September 7, 1999, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting Zapata Coal Corporation (Zapata) a $696 crude oil overcharge refund in Case No. RF272-89911. See Morton International, Inc., Case No. RF272- 86588 et. al (September 7, 1999). The refund check was made payable to Zapata and sent to P.O. Box D, Charleston, West Virginia. Because the check was not cashed, it was canceled by the U.S. Treasury in accordance with limited payability laws.

The OHA then attempted to locate Zapata but could not find a current address for the firm. OHA then sent the Zapata a certified letter, which was returned as “undeliverable - unable to forward.” In view of these circumstances, we have determined that the refund issued to Zapata should be rescinded.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on September 7, 1999, Morton International, Inc., Case No. RF272-86588 et. al (September 7, 1999), is hereby rescinded with respect to Zapata Coal Corporation, Case No. RF272-89911 (now redesignated Case No. RC272- 00430).

(2) Notwithstanding our directive in Morton International, Inc., Case No. RF272-86588 et. al (September 7, 1999), the Team Leader, Special Accounts Team, Office of Financial Control and Reporting, of the Department of Energy shall deposit the funds in the amount of $696 in the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of Treasury.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: August 12, 2003