Case No. RC272-00410

September 18, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Names of Petitioner: Pass & Seymour

Wilborn Construction, Inc.

Date of Filing: August 22, 2000

Case Numbers: RC272-00410

RC272-00411

On September 7, 1999, the Office of Hearings and Appeals (OHA) issued a Decision and Order granting Pass & Seymour (Case No. RF272-88773) and Wilborn Construction, Inc. (Case No. RF272-89902) refunds in the crude oil refund proceeding. See Morton International, Inc., et al., Case No. RF272-86588 et al. The refund check made payable to Pass & Seymour was in the amount of $1,074 and the refund check made payable to Wilborn Construction, Inc. was in the amount of $186. However, this Office has been notified that the checks were undeliverable. Since that notice, the OHA has since attempted to contact these applicants without success. In view of these circumstances, we have determined that the refund checks issued to Pass & Seymour and Wilborn Construction, Inc. should be rescinded.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on September 7, 1999, Morton International, Inc., et al., Case No. RF272-86588 et al., is hereby rescinded as to Pass & Seymour, Case No. RF272-88773, redesignated RC272- 00410 and Wilborn Construction Inc., Case No. RF272-89902, redesignated as RC272-89902.

(2) Notwithstanding our directive in Morton International, Inc., et al., the Team Leader, Special Accounts Team, Office of Financial Control and Reporting, of the Department of Energy shall deposit the funds in the amount of $1,260 in the escrow fund denominated Crude Tracking-Claimants IV, Account No. 999DOE010Z, maintained at the Department of Treasury.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date:September 18, 2000