Case No. RJ272-00029

March 3, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Applicant: W.E. Bartholow & Son Construction

Date of Filing: November 4, 1996

Case Number : RJ272-29

On October 21, 1996, the Office of Hearings and Appeals (OHA) of the Department of Energy issued a Decision and Order granting supplemental crude oil refunds to 28 applicants. W.E. Bartholow & Son Construction, Case Nos. RK272-1406 et al. (October 21, 1996). In that Decision and Order, the OHA granted Derrel M. Bartholow, Case No. RK272-1409, a refund of $2, based on purchases of 2,417 gallons of refined petroleum products.

The OHA recently discovered that the figure of 2,417 gallons, on which the refund was based, was incorrect. The applicant's actual purchases totaled 2,966,154 gallons of refined petroleum products. Due to an error, the applicant's gallonage was decreased to 2,417 gallons. Therefore, the OHA will modify the Decision made in W.E. Bartholow & Son Construction, with respect to Derrel M. Bartholow (Case No. RK272-1409). The refund approved on October 21, 1996 has not yet been disbursed. The OHA will revise Derrel M. Bartholow's gallonage claim to 2,966,154 and issue a refund check in the amount of $2,373, based on the correct purchase figure.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on October 21, 1996, to W.E. Bartholow & Son Construction is hereby modified as to Derrel M. Bartholow (Case No. RK272-1409).

(2) 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 take appropriate

action to disburse $2,373 from the DOE deposit escrow fund denominated Crude-Tracking Claimants IV, Account No. 999DOE010Z, maintained at the Department of the Treasury, to:

W.E. Bartholow & Son Construction

or Derrel M. Bartholow

510 Fuller Street

Spencer, SD 57374

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: March 3, 1997