Case No. RC272-00362

February 18, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner: O'Toole Mechanical Services

Date of Filing: January 31, 1997

Case Number: RC272-362

On August 16, 1995, the Office of Hearings and Appeals (OHA) issued a Decision and Order granting refunds to 22 applicants in the Department of Energy's (DOE) Subpart V crude oil refund proceeding. See Federal Reserve Bank of New York, Case No. RF272-90224 (August 16, 1995). In that Decision, the DOE granted a refund of $1 to O'Toole Mechanical Services (O'Toole) (RF272-92508).

Because O'Toole did not negotiate the refund check within the applicable time limit, the check was cancelled in accordance with Limited Payability laws. We have since been informed by O'Toole that it wishes its refund to be rescinded. See memorandum of January 31, 1997 telephone conversation between John Gargotta, O'Toole Sales Manager, and Robert Palmer, OHA Staff Attorney. Consequently, we have determined that the August 16, 1995 Decision and Order should be rescinded with respect to O'Toole's refund claim.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on August 16, 1995, Federal Reserve Bank of New York, Case No. RF272-90224 (August 16, 1995) (Federal Reserve), is hereby rescinded with respect to O'Toole's Mechanical Services (RF272-92508), redesignated as RC272-362.

(2) Notwithstanding our directive in Federal Reserve, 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 redeposit the $1 refund granted to O'Toole's Mechanical Services into the escrow account denominated Crude Tracking-Claimants 4, Account No. 999DOE010Z.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: February 18, 1997