Case No. RJ272-00086

July 10, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner:Dillard’s Delivery

Date of Filing:July 6, 2001

Case Number: RJ272-00086

On October 8, 1999, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Supplemental Order granting Dillard’s Delivery a supplemental refund of $89 in the crude oil refund proceeding based on its original refund in Case No. RF272-93519. Crude Oil Supplemental Refund Distribution, Case No. RB272-158. The refund check was made payable to Dillard’s Delivery (Dillard’s) and sent to 4501 N. Beach St., Ft. Worth, TX 76137. Because the check was not cashed, it was canceled by the U.S. Treasury in accordance with limited payability laws.

The OHA has since written to Dillard’s, advising the firm that if it wanted us to reissue the check, it should so advise us. We stated that if we did not receive a response, we would assume that Dillard’s was not interested in pursuing the matter and we would rescind the refund. Finally, we stated that, because the deadline for filing applications is past, once we rescinded the decision, there would be no further opportunity to request a refund. We sent our letter by certified mail, and the return receipt indicates that Dillard’s received the letter. Dillard’s has not responded to our letter. In view of these circumstances, we have determined that the refund issued to Dillard’s should be rescinded.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on October 8, 1999, Crude Oil Supplemental Refund Distribution, Case No. RB272-158, is hereby rescinded as to Dillard’s Delivery, Case No. RF272-93519, redesignated Case No. RJ272-00086.

(2) Notwithstanding our directive in Crude Oil Supplemental Refund Distribution, Case No. RB272-158, 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 $89 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: July 10, 2001