Case No. RC272-00361

January 2, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner: County of Forsyth

Date of Filing: June 27, 1988

Case Numbers: RC272-361

On February 28, 1991, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting a refund in the amount of $2,749 to County of Forsyth, Case No. RF272-64291, in the Subpart V crude oil refund proceeding based on purchases totaling 3,436,825 gallons of refined petroleum products made by the county from August 1973 through January 1981.

During our review process we discovered that County of Forsyth filed a previous crude oil application for purchases of 3,734,133 gallons RF272-39345, and was granted a refund in the amount of $2,987. In a letter issued on May 17, 1995, this office gave County of Forsyth an opportunity to prove that the later application did not include in its volume claim the 3,734,133 gallons of the first application. We have not received a response and are hereby rescinding the refund granted in Case No. RF272-64291.

It is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on February 28, 1991, Case No. RF272- 64291 is hereby rescinded.

(2) The County of Forsyth shall remit the sum of $2,749 to the DOE within 30 days. The check shall be made payable to the "U.S. Department of Energy," shall prominently display Case No. RC272-361, and shall be sent to:

Department of Energy

Office of the Controller

Cash Control Branch

P. O. Box 500

Germantown, MD 20874

In the event that payment is not made within 30 days of the date of this Decision and Order, interest shall accrue on the amount due at the rate generally assessed by the Department of Energy on overdue receivables. Other charges generally assessed on overdue DOE receivables shall also apply.

(3) Upon notification by the Office of the Controller of the receipt of these funds, the Director of Special Accounts and Payroll, Office of the Departmental Accounting and Financial Systems Development, Office of the Controller of the Department of Energy, shall deposit these funds into the deposit fund escrow account maintained at the Department of Treasury denominated Crude Tracking-Claimants II, Account No. 999DOE008Z.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: January 2, 1997