July 22, 2003

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner:State of Nebraska, Department of Correctional Services

Date of Filing: July 8, 2003

Case Number: RC272-00427

On August 11, 1989, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting the State of Nebraska, Department of Correctional Services, a $551 crude oil overcharge refund in Case No. RF272-66710. H.G. Page & Sons, Inc., Case No. RF272-66511 (August 11, 1989). The check was subsequently returned to the Department of Energy.

The OHA then contacted an official at the State of Nebraska, Deptartment of Correctional Services, to inquire about the returned check. The official stated that the gallonage claim filed by the Department of Correction Services was in fact included in the Nebraska Energy Office’s Application for Refund which has already been granted. See Nebraska Energy Office, 21 DOE ¶ 85,243 (1991). In view of these circumstances, we have determined that the refund issued to the State of Nebraska, Department of Correctional Services, should be rescinded.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on August 11, 1989, H.G. Page & Sons, Inc., Case No. RF272-66511 (August 11, 1989) is hereby rescinded with regard to State of Nebraska, Department of Correctional Services, Case No, RF272-66710 and this case is redesignated Case No. RC272-00427.

(2) Notwithstanding our directive in H.G. Page & Sons, Inc., Case No. RF272-66511 (August 11, 1989), 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 $551 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: July 22, 2003