Case No. RJ272-00060

June 11, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Applicant: Gary Vogt

Date of Filing: June 1, 1998

Case Number: RJ272-00060

On April 9, 1997, the Office of Hearings and Appeals (OHA) of the Department of Energy issued a Decision and Order granting supplemental crude oil refunds to 12 applicants. Wilson Johncox, et al., Case Nos. RK272-04143, et al. (April 9, 1997). In that Decision and Order, the OHA granted Gary Vogt, Case No. RK272-04286, a refund in the amount of $698 based on petroleum product purchases made by Gary Vogt & Sons during the period August 19, 1973 to January 28, 1981 (the refund period).

OHA has recently learned that it issued the supplemental refund to the wrong person. The person who filed the supplemental refund, Gary Vogt, represented to OHA that he owned a Nebraska firm, Gary Vogt & Sons, during the refund period. See Record of Telephone Conversation between Ann Augustyn, OHA Attorney, and Gary Vogt (March 24, 1997). Mr. Vogt further advised that he closed the business when his sons decided to pursue other interests. Id. We have just discovered that the proper recipient of the refund is Gary L. Vogt, the owner of another Nebraska entity named Gary Vogt & Sons. Under these circumstances, we shall rescind the order directing payment of the supplemental refund to Gary Vogt, and order Mr. Vogt to repay in full the amount that he erroneously received.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the Department of Energy on April 9, 1997, Wilson Johncox, et al., (Case Nos. RK272-04143, et al.) be and hereby is rescinded as to Gary Vogt only, Case No. RK272-04286.

(2) Gary Vogt is hereby directed to remit the sum of $698 to the DOE within 30 days. The check shall be made payable to the “Department of Energy,” and shall prominently display Case No. RJ272-00060 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 Supplemental

Order, interest shall accrue from the date of this Supplemental Order 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 4, Account No. 999DOE10Z.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date:June 11, 1998