[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Notices]
[Pages 7638-7639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3602]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA99-11-000]
Alf M. Landon; Notice of Petition for Adjustment
February 9, 1999.
Take notice that on January 12, 1999, Frank M. Rice (Rice), the
attorney for Alf M. Landon, a/k/a/ Alfred Mossman Landon (Landon),
filed a petition for staff adjustment in Docket No. SA99-11-000,
pursuant to section 502(c) of the Natural Gas Policy Act of 1978. Rice,
on behalf of Landon and the Kansas University Endowment Association
(KUEA), contends that neither Landon nor the KUEA owe the gas
purchaser--Panhandle Eastern Pipe Line Company (Panhandle)--a refund
under the Commission's September 10, 1997 order in docket No. RP97-369-
000 et al.,\1\ because the price that Panhandle paid to Landon and the
KUEA, inclusive of the ad valorem tax reimbursements, was not in excess
of the applicable maximum lawful price (MLP). The subject 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 petition indicates: (1) that Panhandle served Landon with a
$32,944.63 refund claim; (2) that Panhandle purchased the gas produced
from the Davis Unit, in Stevens County, Kansas, under a January 27,
1961 gas purchase contract (Contract No. 0538); (3) that Landon and
D.E. Ackers were the co-owners of that unit, each with a 50% working
interest in the unit; (4) that the KUEA became the successor-in-
interest to D.E. Ackers' 50% working interest in the unit; (5) that
Landon is deceased; \2\ (6) that the price that Panhandle paid Landon
and the KUEA, from 1983 through 1988, inclusive of the ad valorem tax
reimbursements, was not in excess of the applicable MLP; and (7) that
neither Landon, successor-in-interest to Landon, nor the KUEA owe a
refund to Panhandle.
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\2\ The subject petition includes a copy of the death
certificate for Alfred Mossman Landon [a/k/a Alf M. Landon], showing
that he died on October 12, 1987.
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Rice adds that Panhandle terminated the subject gas purchase
contract in January of 1991, and that one of the signers of the
termination agreement, as a Seller, was the KUEA. Rice further asserts
that K.S.A. 55-708(7) [a/k/a House Bill No. 2419] prohibits First
Sellers such as Landon or the KUEA from taking action against royalty
owners, or obtaining the ad valorem tax royalty refunds ordered by the
FERC. Therefore, Rice contends that it would be inequitable to require
Landon, Landon's successor(s) or the KUEA to make such refunds, when
Kansas law prohibits them from attempting to obtain the refunds from
the royalty owners.
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
[[Page 7639]]
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 protestants parties to
the proceeding. Any person wishing to become a party to a proceeding or
to participate as a party in any hearing must file a motion to
intervene in accordance with the Commission's Rules.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 99-3602 Filed 2-12-99; 8:45 am]
BILLING CODE 6717-01-M
