[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Notices]
[Page 64075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30818]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA99-1-000]
Burlington Resources Oil & Gas Company; Notice of Petition for
Adjustment
November 12, 1998.
Take notice that on October 30, 1998, Burlington Resources Oil &
Gas Company (Burlington), filed a petition for adjustment under section
502(c) of the Natural Gas Policy Act of 1978 (NGPA), requesting an
order from the Commission finding that Burlington has no Kansas ad
valorem tax refund liability to Panhandle Eastern Pipe Line Company
(Panhandle), under the Commission's September 10, 1997 order in Docket
No. RP97-369-000 et al.\1\ Burlington's petition is on file with the
Commission and open to public inspection.
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\1\ See 80 FERC para. 61,264 (1997); order denying rehearing
issued January 28, 1998, 82 FERC para. 61,058 (1998).
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The Commission's September 10 order on remand from the D.C. Circuit
Court of Appeals \2\ directed First Sellers under the NGPA to make
Kansas ad valorem tax refunds, with interest, for the period from 1983
to 1988.
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\2\ Public Service Company of Colorado v. FERC, 91 F.3d 1478
(D.C. 1996), cert. denied, Nos. 96-954 and 96-1230 (65 U.S.L.W. 3751
and 3754, May 12, 1997) (Public Service).
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Panhandle served Southland Royalty Company (Southland) with a
Kansas ad valorem tax refund claim. Burlington states that Southland
was merged into Burlington on January 1, 1996, i.e., Burlington is
Southland's successor.
Burlington further states that Southland entered into a November
24, 1992 Letter Agreement with Panhandle, which terminated the
applicable Gas Purchase Agreements giving rise to Southland's refund
obligation to Panhandle. Burlington adds that Paragraph 7 of that
Letter Agreement released the parties from any claims under those
contracts. In view of this, Burlington contends that Panhandle's Kansas
ad valorem tax refund claim is a claim against Southland that relates
to the Southland-Panhandle contracts and that, as such, Panhandle
assumed the risk of and liability for the subject refunds. Accordingly,
Burlington contends that it does not owe any refunds to Panhandle.
Any person desiring to be heard or to make any protest with
reference to said petition should on or before 15 days after the date
of publication in the Federal Register of this notice, file with the
Federal Energy Regulatory Commission, Washington, D.C. 20426, a motion
to intervene or a protest in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214, 385.211,
385.1105, and 385.1106). All protests filed with the Commission will be
considered by it in determining the appropriate action to be taken but
will not serve to make the protestants parties to the proceeding. Any
person wishing to become a party to a proceeding or to participate as a
party in any hearing therein must file a motion to intervene in
accordance with the Commission's Rules.
David P. Boergers,
Secretary.
[FR Doc. 98-30818 Filed 11-17-98; 8:45 am]
BILLING CODE 6717-01-M
