Case No. RJ272-00096

September 16, 2002

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Supplemental Order

Name of Petitioner: Kenyon Industries, Inc.

Date of Filing: July 17, 2002

Case Number: RJ272-00096

On April 6, 2000, the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) issued a Supplemental Order granting crude oil supplemental refunds to 55 applicants. Crude Oil Supplemental Refund Distribution Case No. RB272-00163 (April 6, 2000). In that Decision, the DOE granted Kenyon Industries, Inc. (Kenyon), a corporation located in Kenyon, Rhode Island (Case No. RF272-00478), a supplemental refund of $12,678. However, on two separate occasions, Mr. Duane Schmidt, Treasurer of Kenyon Industries has returned the refund check claiming that Kenyon Industries is not entitled to the refund. Mr. Schmidt recently stated that although the firm currently uses the name of Kenyon Industries, it was not the original owner of the firm during the crude oil refund period. In view of these circumstances, we have determined that the refund issued to Kenyon Industries, Inc. should be rescinded.

It Is Therefore Ordered That:

(1) The Decision and Order issued by the DOE on April 6, 2000, Crude Oil Supplemental Refund Distribution, Case No. RB272-00163 is hereby rescinded as to Kenyon Industries, Inc., Case No. RF272-0478, redesignated as RJ272-00096.

(2) 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 $12,678 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: September 16, 2002