Case No. RC272-00415
August 10, 2001
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Petitioner:Herkimer Wholesale Co., Inc.
Date of Filing:August 6, 2001
Case Number: RC272-00415
On May 19, 1999, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting Herkimer Wholesale Co., Inc. (Herkimer) a $519 crude oil overcharge refund in Case No. RF272-98815. The refund check was made payable to Herkimer Wholesale Co., Inc. and sent to 1307 Champlain Ave., PO Box 4069, Utica, NY 13504. Because the check was not cashed, it was canceled by the U.S. Treasury in accordance with limited payability laws.
The OHA then contacted the corporate officer listed in the application as the contact point to determine the correct address. The officials statements raised the issue whether the corporation still existed. Accordingly, we requested that the individual state whether the corporation still existed and, if not, whether the surviving shareholders were requesting the right to the refund. When the individual did not respond to this request, we sent the individual a certified letter, which was returned as unclaimed. In view of these circumstances, we have determined that the refund issued to Herkimer should be rescinded. Because the application for filing refund applications has passed, there is no further opportunity to request the refund.
It Is Therefore Ordered That:
(1) The Decision and Order issued by the DOE on May 19, 1999, Herkimer Wholesale Co., Inc., Case No. RF272-98815, is hereby rescinded and redesignated Case No. RC272-00415.
(2) Notwithstanding our directive in Herkimer Wholesale Co., Inc., Case No. RF272-98815, 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 $519 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: August 10, 2001