February 24, 2004

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner:Kenneth H. Harris

Date of Filing:February 20, 2004

Case Number: RC272-00435

On March 26, 2001, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting Kenneth H. Harris a $343 supplemental crude oil overcharge refund in Case No. RK272-03938. See Morsoritz & Sons of Florida, Case No. RK272-02477 et. al (March 26, 2001). The refund check was made payable to Kenneth H. Harris and sent to 1111 Moresville Pike, Columbia, Tennessee. Because the check was not cashed, it was canceled by the U.S. Treasury in accordance with limited payability laws.

The OHA then attempted to locate Mr. Harris but could not find a current address for him. OHA then sent the individual a certified letter, which was returned as “not deliverable as addressed.” In view of these circumstances, we have determined that the refund issued to Mr. Harris should be rescinded.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on March 26, 2001, Morsoritz & Sons of Florida, Case No. RK272-02477 et. al (March 26, 2001), is hereby rescinded with respect to Kenneth H. Harris, Case No. RK272-03938 (now redesignated Case No. RC272-00435).

(2) Notwithstanding our directive in Morsoritz & Sons of Florida, Case No. RK272-02477 et. al (March 26, 2001), 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 $343 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: February 24, 2004