[Federal Register Volume 63, Number 240 (Tuesday, December 15, 1998)]
[Notices]
[Pages 69067-69068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33144]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA99-6-000]
Harken Energy Corporation; Notice of Petition for Dispute
Resolution or, Alternatively, for Adjustment
December 9, 1998.
Take notice that on November 17, 1998, Harken Energy Corporation
(Harken) filed a petition pursuant to section 502(c) of the Natural Gas
Policy Act of 1978 (NGPA), requesting that the Commission resolve the
dispute between Harken's wholly-owned subsidiary--Kennedy & Mitchell,
Inc. (KMI)--and Northern Natural Gas Company (Northern) over whether
KMI owes Northern any Kansas ad valorem tax refunds or, in the
alternative, for
[[Page 69068]]
relief from paying Kansas ad valorem tax refunds to Northern, under the
Commission's September 10, 1997 order in Docket No. RP97-369-000, et
al. [80 FERC para. 61,264 (1977); rehearing denied, 82 FERC para.
61,058 (1998)]. The September 10 order directed First Sellers under the
NGPA to make Kansas ad valorem tax refunds, with interest, for the
period from 1983 to 1988. Harken's petition is on file with the
Commission and open to public inspection.
Harken contends that KMI has no Kansas ad valorem refund liability
to Northern for the period from 1983-1988, due to a 1990 Settlement
between KMI and Northern, the provisions of which release KMI and
Northern from any future claims against one another, including refund
claims.
Should the Commission hold that the 1990 Settlement does not
relieve KMI/Harken from making Kansas ad valorem tax refunds to
Northern, Harken requests that the Commission grant refund relief to
KMI/Harken on equity grounds, due to KMI and Harken's good faith
reliance upon the provisions of the 1990 Settlement. Harken asserts
that to deny such relief would cause KMI/Harken an undue hardship,
inequity, and an unfair distribution of burdens.
Harken asserts that it would be inequitable and an unfair
distribution of burdens to require KMI/Harken to make these refunds,
when KMI/Harken negotiated the 1990 Settlement with Northern, in good
faith, and because there was no exclusion in the provisions of the 1990
Settlement for Kansas ad valorem refunds. Harken further argues that it
would be inequitable and an unfair distribution of burdens to leave
Northern whole, while requiring KMI/Harken to make the subject refunds.
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, 888 First Street, NE.,
Washington, DC 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.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-33144 Filed 12-14-98; 8:45 am]
BILLING CODE 6717-01-M
