Case No. RF304-15510

December 11, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Applicant: Atlantic Richfield Company/

Frank & Leo's Auto Service

Date of Filing: December 2, 1997

Case Number:RF304-15510

This Decision and Order concerns an Application for Refund that was filed in the Atlantic Richfield special refund proceeding by Frank Salimbene on behalf of Frank & Leo's Auto Service (Frank & Leo's) (Case No. RF304-15447). Mr. Salimbene stated in his application that he has lost contact with his partner, Mr. Leo Nunnari. Consequently, he asked for a refund based upon his 50 percent share of the business.

On February 29, 1996, Frank & Leo's was granted a refund of $5,120 ($2,753 principal plus $2,367 interest) based on its purchases of 3,745,895 gallons of ARCO products. Atlantic Richfield Company/South Bay Plaza Car Wash, et al., Case No. RF304-13347, et al. (February 29, 1996). The refund was based upon all purchases made by the outlet, not just those attributable to Mr. Salimbene. The refund check was never cashed and has been canceled by the Treasury Department. Mr. Salimbene asks that a new check be issued to him for his share of the refund.(1) Accordingly, we shall modify the February 29, 1996 Decision and Order with respect to Frank & Leo's. We shall issue a refund to Mr. Salimbene alone for one-half of the ARCO purchases made by the outlet. The principal amount of the refund is $1,377 (1,872,948 gallons x $0.000735 per gallon). In addition, Mr. Salimbene will receive a proportionate share of the interest accrued on the consent order funds. The total refund shall be $2,838 ($1,377 principal plus $1,461 interest).

It Is Therefore Ordered That:

(1) The refund granted to Frank & Leo's Auto Service on February 29, 1996 in Case No. RF304-15447, redesignated RF304-15510, is hereby modified as set forth in Paragraph (2) below.

(2) The Director of Special Accounts and Payroll, Office of the Controller of the Department of Energy shall take appropriate action to disburse from the DOE deposit fund escrow account maintained at the Department of Treasury and funded by Atlantic Richfield Company, (Consent Order No. RARH00001Z) $2,838 ($1,377 principal plus $1,461 interest) to:

Frank Salimbene

c/o Scott F. McDermott

65 Williams Street

Wellesley, MA 02181

(3) The determinations made in this Decision and Order are based upon the presumed validity of statements and documentary material submitted by the applicants. The determinations may be revoked or modified at any time upon a finding that the factual basis underlying any of the Applications for Refund is incorrect.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: December 11, 1997

(1)The original refund check was payable to Mr. Salimbene but was mailed to an incorrect address. The check was subsequently reissued, but the new check was made payable jointly to Mr. Salimbene and Mr. Nunnari. It was for this reason that it could not be cashed.