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B-210176 1 (1984-02-07)

handle is hein.gao/gaobadloj0001 and id is 1 raw text is: THE COMPTROLLER OENr*ERAL OUCI6ION OP THE U NITED OTATES WASHINGTON. O.C. 01548 FILE_210176 DATE: February 7, 1984 MATTER OFtDepartment of Energy retrieval of moneys errone- ously paid into United States Treasury under con- sent order settlements of alleged violations of DIGEST: petroleum price and allocation regulations 1. Department of Energy exceeded its statutory author- ity to collect and dispose of funds obtained in consent order settlements of alleged violations of petroleum price and allocation regulations by de- positing funds in Treasury as miscellaneous receipts without prior efforts at restitution to overcharged purchasers. Funds were erroneously deposited and are subject to retrieval by Energy under 31 U.S.C. S 1322 for distribution following administrative proceedings under 10 C.F.R. S 205.280 et seq. 2. Department of Energy should copile a list of con- sent orders which provided for deposit of settle- ments of alleged violations of petroleum price and allocation regulations in Treasury as miscellaneous receipts without prior efforts at restitution to overcharged customers. The list should identify potentially overcharged customers, and be published in the Federal Register as a Notice inviting claims for payment with supporting evidence from such cus- tomers. Reasonable claims should be referred for administrative proceedings under 10 C.F.R. S 205.280 et seq. Pending consent orders should be amended to include administrative proceedings for claimants. Funds remaining undistributed after administrative proceedings are to be deposited in miscellaneous receipts account of Treasury. This decision to the Secretary of Energy results frcm a Con- gressional request of December 3, 1982, in which we were asked to determine whether moneys paid directly into the United States Treasury as miscellaneous receipts, pursuant to a 1980 consent order between Sun Conpany, Inc. and the Department of Energy settling alleged violations of petroleum price and allocation regulations, should be retrieved and deposited in an escrow account for possible subsequent distribution by Energy to overcharged customers of Sun. The requester was concerned about and wanted our response to apply as well to funds deposited in the Treasury as a result of Energy's continuing practice of including similar payment provisions in more recent consent orders. 0,tgq3 PUBLISHED DECISiOM4 63 Comp. Gen .----

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