November 18, 2002
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Supplemental Order
Name of Petitioner: Mayflower Transit, Inc./
McConnell Brothers Transfer & Storage , Inc./
Dates of Filing: June 2, 1999
Case Numbers: RC272-00424
On August 11, 1989, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Decision and Order granting an Application for Refund to the Mayflower Transit, Inc., a firm that filed in the Subpart V crude oil refund proceeding. In that Decision, the Mayflower Transit, Inc. was granted a refund of $819 based on the firms purchases of refined petroleum products from August 17, 1973 through January 27, 1981. However, the Mayflower Transit, Inc. was granted a refund in the Surface Transporter Escrow proceeding. In order to receive a refund in that proceeding, Mayflower Transit was required to execute a Waiver and Release, in which the claimant waived its and its affiliates rights to receive a refund in the crude oil refund proceeding. Consequently, neither Mayflower Transit, Inc. or its affiliates are eligible to receive a refund in the crude oil refund proceeding. See, e.g., Fireboard Corp., 21 DOE ¶ 85,038 (1991).
In this Supplemental Order, we will rescind the refund granted in the previous Decision and Order. Due to the length of time that has elapsed, the firm will not be required to return those monies. However, no future refunds will be approved for this firm.
It Is Therefore Ordered That:
(1) The Decision and Order issued by the DOE on August 11, 1989 is hereby rescinded as to the Mayflower Transit, Inc.
(2) This is a final Order of the Department of Energy.
George B. Breznay
Director
Office of Hearings and Appeals
Date: November 18, 2002