[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Notices]
[Page 11880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6240]
[[Page 11880]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-9-000]
Merleyn A. Calvin; Notice of Petition for Adjustment
March 5, 1998.
Take notice that on March 2, 1998, Merleyn A. Calvin (Calvin),
filed a petition for adjustment under Section 502(c0 of the Natural Gas
Policy Act of 1978 (NGPA),\1\ requesting to be relieved of her
obligation to make Kansas ad valorem tax refunds to Panhandle Eastern
Pipe Line Company (Panhandle), with respect to her working interest
certain wells operated by CLX Energy, Inc. (CLX),\2\ otherwise required
by the Commission's September 10, 1997, order in Docket Nos. RP97-369-
000, GP97-3-000, GP97-4-000, and GP97-5-000.\3\ Calvin's petition is on
file with the Commission and open to public inspection.
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\1\ 15 U.S.C. Sec. 3142(c) (1982).
\2\ CLX previously filed its own petition for adjustment in
Docket No. SA98-2-000, in which it seeks to be relieved of any
obligation to pay Kansas ad valorem tax refunds owed by its royalty
interest, overriding royalty interest, and other working interest
owners.
\3\ See 80 FERC para. 61,264 (1997); order denying reh'g 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 \4\ 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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\4\ 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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Calvin states that her husband purchased the subject gas well
working interests for her, and that he now has an advanced case of
Parkinson's disease, which has forced him to retire early. Calvin
further indicates that she has limited means from which to pay the
Kansas ad valorem tax refunds. Calvin also states that: (1) She and her
husband filed for bankruptcy in 1989; (2) the bankruptcy court issued
an order in 1990, discharging their debts; (3) the Colorado National
Bank received all of their oil and gas assets; and (4) neither she nor
her husband own an interest in the wells involved in CLS's refund
claim.
Calvin also believes that her obligation to make the subject
refunds may have been discharged by the bankruptcy. Therefore, Calvin
requests to be relieved of her obligation to refund her share of the
Kansas ad valorem tax refunds owed by CLX, on the grounds that making
the subject refunds would cause her to endure a special hardship. In
the alternative, if the Commission does not grant the adjustment relief
requested, Calvin requests that the Commission authorize her to
amortize her refund obligation over a 5-year period.
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, 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 384.214, 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,
Acting Secretary.
[FR Doc. 98-6240 Filed 3-10-98; 8:45 am]
BILLING CODE 6717-01-M
