Case No. RC272-00392
November 4, 1998
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Applicants: Hahn Truck Line, Inc.
Kendall W. Hagan
Kirk R. Hagan
Dates of Filing: July 30, 1998
July 30, 1998
July 30, 1998
Case Numbers: RC272-00392
RG272-01088
RG272-01089
On March 10, 1998, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting a Subpart V crude oil refund to Hahn Truck Line, Inc. Hahn Truck Line, Inc., Case No. RF272-95302 (March 10, 1998). In that Decision and Order, the OHA granted Hahn Truck Line, Inc., a refund of $4,091 based on its purchases of 2,556,902 gallons of refined petroleum products.
The OHA was recently informed by the Applicants representative in this proceeding that Hahn Truck Line, Inc., was dissolved on January 22, 1997. Letter from Peter McMickle, Wilson, Keller & Associates, to Steven Goering, OHA (June 8, 1998). The company had two shareholders at the time of dissolution. Kendall W. Hagan owned 50 percent of the stock and Kirk R. Hagan owned 50 percent. Id. The representative returned a check in the amount of the refund issued to Hahn Truck Line, Inc., and requested that the refund be disbursed to the shareholders. Therefore, the OHA will rescind the Decision made in Hahn Truck Line, Inc. The OHA will grant 50 percent of the refund to Kendall W. Hagan and 50 percent of the refund to Kirk R. Hagan.
It is Therefore Ordered That:
(1) The Decision and Order issued by the DOE on March 10, 1998, Hahn Truck Line, Inc., Case No. RF272-95302, is hereby rescinded (redesignated Case No. RC272-00392).
(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 (the Director) shall take appropriate action to disburse a total of $4,092 (1) from the DOE deposit fund escrow account denominated Crude Tracking-Claimants 4, Account No. 999DOE010Z, maintained at the Department of Treasury. The Director shall disburse $2,046 to (Case No. RG272-01088):
Kendall W. Hagan
OR Wilson, Keller & Associates
P.O. Box 221145
Memphis, TN 38112
The Director shall also disburse $2,046 to (Case No. RG272-01089):
Kirk R. Hagan
OR Wilson, Keller & Associates
P.O. Box 221145
Memphis, TN 38112.
(3) The determinations made in this Decision and Order are based upon the presumed validity of the statements and documentary materials submitted by the Applicant. Any of these determinations may be revoked or modified at any time upon a finding that the basis underlying any Application 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:November 4, 1998
(1)We are granting a refund to each shareholder based on 50% of the number of gallons of petroleum products purchased by Hahn Truck Line, Inc. Due to rounding, the total of the two refunds, $4,092, is greater than the refund we are rescinding, $4,091.