Case No. RJ272-00037

February 20, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Applicant: Robert L. Helms Construction

Date of Filing: April 8, 1993

Case Number: RJ272-00037

On January 30, 1997, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Supplemental Order granting a supplemental refund to Robert L. Helms Construction Co., Case No. RK272-03365 in the Subpart V crude oil refund proceeding. For the reasons stated below, we find that Helms is ineligible to receive this crude oil refund, and we will therefore rescind in part our prior Decision and Order.

Robert L. Helms Construction Co. submitted duplicate applications in this proceeding, Case No. RK272-03200 and RK272-03365. Helms was granted a refund on June 14, 1996, Case No. RK272- 03200. Accordingly, the OHA will rescind the January 30, 1997 Supplemental Order entitled Thelma E. McKee, et al., Case Nos. RK272-01600 et al., with respect to the crude oil supplemental refund application filed by Robert L. Helms Construction Co.

It Is Therefore Ordered That:

(1) The Supplemental Order issued by the DOE on January 30, 1997, Thelma E. Mckee, et al., Case Nos. RK272-01600, et al., is hereby rescinded with respect to the Application for Refund filed by Robert L. Helms Construction Co., Case No. RK272-03365.

(2) Notwithstanding the directive in Thelma E. Mckee, et. al., the Director of Special Accounts and Payroll, Office of Departmental Accounting and Financial Systems Development, Office of the Controller, of the Department of Energy should not issue a refund check to Robert L. Helms Construction Co., Case No. RK272-03365.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: February 20, 1997