Case No. RF315-01287

November 4, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Application for Refund

Name of Petitioner:Shell Oil Company/Merbert M. Hsu

Date of Filing:June 4, 1996

Case Number: RF315-10287

On January 13, 1989, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE), issued a Decision and Order setting forth final refund procedures to distribute the monies in the oil overcharge escrow account established in accordence with the terms of a Consent Order entered into between the DOE and Shell Oil Company. Shell Oil Company, 18 DOE ¶ 85,492 (1989) (Shell). That Decision established November 30, 1989 as the filing deadline for the submission of refund applications for direct restitution by purchasers of Shell refined petroleum products. Shell, 20 DOE at 88,802.

We have before us an application filed by Merbert M. Hsu. This application was received by this office on June 4, 1996, over six years after the end of the application period. It contains no explanation for its untimeliness. Since this application was filed considerably after the November 30, 1989 deadline and since no equitable considerations exist to excuse its lateness in filing, we find that it should be denied.

It Is Therefore Ordered that:

(1) The Application for Refund filed by Merbert M. Hsu, Case No. RF315-10287 is hereby denied.

(2) This is a Final Order of the Department of Energy.

George B. Breznay

Director

Office of Hearings and Appeals

Date: November 4, 1997