94-29527. Ensign Oil & Gas, Inc.; Petition for Waiver

[Federal Register Volume 59, Number 230 (Thursday, December 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29527]


[[Page Unknown]]

[Federal Register: December 1, 1994]


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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. GP95-5-000]

 

Ensign Oil & Gas, Inc.; Petition for Waiver

November 25,1994.
    Take notice that on November 14, 1994, Ensign Oil & Gas, Inc. 
(Ensign), pursuant to Section 154.102 of the Commission's regulations 
and Rule 1101 of the Commission's Rules of Practice and Procedure, 
filed a petition seeking waiver of: (1) Interest on Kansas ad valorem 
tax refunds required by the May 19, 1994, order in Docket Nos. GP83-11 
and RI83-9; and (2) refunds of certain overpayments of Kansas ad 
valorem taxes. If the Commission decides that Ensign should institute 
further procedures before the Commission can justify relief from these 
overpayments, Ensign requests an extension of time to make such refunds 
pending completion of the appeals procedure. Ensign also requests that 
any interest that accrues during the appeals procedure be waived (if 
refunds are not ultimately waived).
    Ensign asserts that several equitable considerations support a 
finding that waiver of interest is in the public interest. Ensign 
contends that producers have been prejudiced by the delays in the prior 
proceedings and have suffered increased refund liability and additional 
loss due to the delays. Ensign also asserts that it has not been 
unjustly enriched by having use of the monies at issue since it was 
merely an intermediary in the payment of these taxes.
    Ensign also maintains that waiver of certain overpaid taxes is 
appropriate since the delay in the Commission's decision caused the 
overpayments and Ensign's attempts to recover these amounts have been 
rejected by various counties. Although Ensign may appeal the rejection 
through grievance procedures, Ensign believes it should not be required 
to institute such proceedings since they are not likely to result in 
refunds to Ensign.
    Any person desiring to be heard or to protest said filing should, 
on or before December 15, 1994, file a motion to intervene or protest 
with the Federal Energy Regulatory Commission, 825 North Capitol Street 
NE., Washington, DC 20426, in accordance with Secs. 385.214 and 385.211 
of the Commission's regulations. Protests will be considered by the 
Commission in determining the appropriate action to be taken, but will 
not serve to make protestants parties to the proceedings. Any person 
wishing to become a party must file a motion to intervene.
Lois D. Cashell,
Secretary.
[FR Doc. 94-29527 Filed 11-30-94; 8:45 am]
BILLING CODE 6717-01-M