Case No. RC272-00363

May 10, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Petitioners:McCloy Feedlot

Wilson McCloy, et al.

Dates of Filings: March 3, 1997, et al.

Case Numbers: RC272-363

RG272-01045, et al.

This Decision and Order concerns a refund of $547 granted to McCloy Feedlot (Case No. RF272-99043) on August 23, 1996, in the Subpart V crude oil refund proceeding. Tri-State Farmers Cooperative, Case Nos. RF272-99000, et al. (August 23, 1996). It has come to our attention that McCloy Feedlot ceased operation in 1994. McCloy Feedlot has returned the check issued to it pursuant to the August 23, 1996 Decision. The five partners have requested that the refund be divided among them based upon their share of the partnership. We will grant its request. Accordingly, we shall rescind the refund issued to McCloy Feedlot and shall grant separate refunds to each of its owners. The amount of refund each partner is to receive is listed on the Appendix to this Decision.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on August 23, 1996, Tri-State Farmers Cooperative, Case Nos. RF272-99000, et al. (August 23, 1996), is hereby rescinded with respect to McCloy Feedlot, Case No. RF272-99043, re-designated as RC272-363.

(2) The Applications for Refund filed by the five claimants listed in the Appendix to this Supplemental Order for all available crude oil overcharge funds are hereby approved as set forth in Paragraph (3) below.

(3) 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 $546 from the DOE deposit fund escrow account denominated Crude Tracking - Claimants 4, Account Number 999DOE010Z, maintained at the Department of the Treasury. The checks for the Applicants listed on the Appendix shall be made payable to the Applicants and shall be sent to the addresses listed on the Appendix.

(4) To facilitate the payment of future refunds, the Applicants shall notify the Office of Hearings and Appeals in the event that there is a change of address, or if an address correction is necessary. Such notification shall be sent to:

Director of Management Information

Office of Hearings and Appeals

Department of Energy

1000 Independence Avenue, S.W.

Washington, DC 20585-0107

(5) The Office of Hearings and Appeals shall change the approved volume claims in the OHA database to zero gallons for McCloy Feedlot, Case No. RF272-99043. No further refund checks shall be issued to it.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: May 10, 1999

Appendix
CASE NO.APPLICANT CONTACTSTREET ADDRESSCITY/STATE VOLUMEREFUND
RG272-01045 WILSON MCCLOY 5000 BADO RD.CABOOL, MO 65689 68,425 $109
RG272-01046 ALLEN MCCLOY HCR 1, BOX 3MORSE, TX 79062 82,110 $131
RG272-01047 BILL MCCLOY 15249 MCCLOY RD.LICKING, MO 65542 82,110 $131
RG272-01048 MARK MCCLOY HCR 1, BOX 4MORSE, TX 79062 82,110 $131
RG272-01049 NANELLE KISER HCR 1, BOX 1MORSE, TX 79062 27,370 $44
TOTALS: 5       342,125 $546
             


Last Updated on 4/9/1999
By OHA