Case No. RC272-00406

March 23, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner: Giordano Trucking Corp.

Date of Filing: March 21, 2000

Case No.: RC272-00406

On March 8, 2000, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting refunds to 24 applicants. Hayward Trucking, Inc., et al., Case Nos. RF272-89089 et al. (March 8, 2000). In that Decision, the DOE granted Giordano Trucking Corp. (Case No. RF272-98406), redesignated as Case No. RC272-00406, a refund of $1,396 based on the firm's petroleum product purchases. The refund check was made payable to Giordano Trucking Corp. or McMickle and Edwards, and sent to P.O. Box 221145, Memphis, TN 38122. However, McMickle and Edwards has informed this Office, that the Application filed on behalf of Giordano Trucking should have been dismissed because the firm was unable to document whether the applicant was the proper recipient to have applied for the refund. In view of these circumstances, we have determined that the refund issued to Giordano Trucking Corp. should be rescinded.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on March 8, 2000, Hayward Trucking, Inc., et al., Case Nos., RF272-89089 et al. is hereby rescinded as to Giordano Trucking Corp., Case No. RF272- 98406, redesignated as RC272-00406.

(2) Notwithstanding our directive in Hayward Trucking, Inc., et al., 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 redeposit the

amount of $1,396 back into the DOE deposit fund escrow account maintained at the Department of the Treasury and funded by Crude Tracking-Claimants 4, Account No. 999DOE010Z.

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

George B. Breznay

Director

Office of Hearings and Appeals

Date: March 23, 2000