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