Case No. RK272-04765

February 19, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Applicants: Neal Tyler & Sons, Inc.

Gwinnett County Board of Commissioners

Date of Filings: December 11, 1997

January 13, 1998

Case Numbers: RK272-04724

RK272-04733

This Decision and Order will consider two Applications for Supplemental Refund filed in the Subpart V crude oil refund proceeding.(1)

Neal Tyler & Sons, Inc., (Tyler) and Gwinnett County Board of Commissioners (Gwinnett) are receiving these supplemental refund checks. In each of these cases, we were informed that there had been a change of circumstances since the original refund was disbursed. Accordingly, we set up a new case file (designated RK272-).(2) We then investigated whether the individual or firm upon whose behalf the form was submitted was the proper party to receive the supplemental refund. On the basis of that investigation, we have determined that Tyler and Gwinnett are the proper recipients for those supplemental refunds.

In accordance with the Applicants' instructions, we will direct the refund checks to the addresses listed below. Tyler will receive a supplemental refund in the amount of $553 based on purchases of 691,819 gallons of petroleum products. Gwinnett will receive a supplemental refund in the amount of $5,207 based on purchases of 6,509,117 gallons of petroleum products. The total amount of additional refunds being approved in this Order for the benefit of two Applicants is $5,760.

It Is Therefore Ordered That:

(1) 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 a supplemental refund in the amount of $553 to:

Neal Tyler & Sons, Inc.

c/o Mick Goodroe

216 Druid Street

Jacksonville, FL 32254

and a supplemental refund in the amount of $5,207 to:

Gwinnett County Board of Commissioners

c/o Charlotte J. Nash

75 Langley Drive

Lawrenceville, GA 30045

(2) The funds shall be disbursed from the escrow fund denominated Crude Tracking-Claimants 4, Account No. 999DOE010Z, maintained at the Department of the Treasury.

(3) To facilitate the payment of future refunds, an Applicant shall notify the Office of Hearings and Appeals in the event that there is a change of address, or if an address correction is necessary. Such notification shall be sent to:

Director of Management Information

Office of Hearings and Appeals

Department of Energy

Washington, D.C. 20585-0107

(4) Any conditions that applied to an Applicant's receipt of the initial crude oil refund shall also apply to that Applicant's receipt of this supplemental refund.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: February 19, 1998

(1) For information pertaining to the Supplemental Distribution of Subpart V Crude Oil Refund Monies, see State of Montana, et al., 25 DOE ¶ 85,059 (1995).

(2) The new case number, RK272-, replaces the case number (designated RF272-) which was formerly assigned to each Application. Tyler was assigned Case Number RF272-31799, and Gwinnett was assigned Case Number RF272-41365. For future purposes, the Application will be known by the new case number.