August 26, 2003

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner:Park Avenue & 84th Street, Inc.

Date of Filing:August 14, 2003

Case Number: RC272-00431

On March 20, 2000, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting Park Avenue & 84th Street, Inc. (the applicant), a $155 supplemental crude oil overcharge refund in Case No. RB272-00162 (RF272-66888). The refund check was made payable to the applicant and sent to the address listed in the verification form. After the applicant did not negotiate the check, it was canceled in accordance with the limited payability laws. In response, we located the current address of the residential management company listed in the original application as the contact point for the applicant. In an August 27, 2001 letter to the management company, we stated that if the applicant was no longer interested in the refund we would rescind the refund decision. We further stated that, because the application deadline had passed, once the refund decision were rescinded, there would be no opportunity to pursue any further refund. The management company replied that the applicant was interested in receiving the refund and stated that the check should be sent to the management company. Accordingly, we instructed the DOE controller’s office to reissue the check and send it to the management company. After the applicant did not negotiate the second check, it was cancelled in accordance with the limited payability laws. Based on the foregoing, we have concluded that the supplemental refund issued in RB272-00162 (RF272-66888) should be rescinded. Because the deadline for filing applications has passed, there is no further opportunity to request the refund.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on March 20, 2000, Case No. RB272-00162 (RF272-66888), is hereby rescinded and redesignated Case No. RC272-00431.

(2) Notwithstanding our directive in Case No. RB272-00162 (RF272-66888), 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 $155 in the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of Treasury.

(3) The Office of Hearings and Appeals crude oil refund data base will be modified to remove the applicant from the list of applicants eligible for any further supplemental refund.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: August 26, 2003