[Federal Register Volume 63, Number 56 (Tuesday, March 24, 1998)]
[Notices]
[Page 14078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7541]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-32-000]
Devon Energy Corporation; Notice of Petition for Adjustment
March 18, 1998.
Take notice that on March 9, 1998, Devon Energy Corporation (Devon)
filed a petition for adjustment under section 502(c) of the Natural Gas
Policy Act of 1978 (NGPA), \1\ requesting to be relieved of its
obligation to pay Kansas ad valorem tax refunds, as required by the
Commission's September 10, 1997 order in Docket Nos. GP97-3-000, GP97-
4-000, GP97-5-000, and RP97-369-000 \2\ to Panhandle Eastern Pipe Line
Company solely with respect to amounts which are attributable to the
holders of working interests and royalty interests who Devon cannot
identify or locate or from whom Devon cannot recoup such amounts.
Devon's petition is on file with the Commission and open to public
inspection.
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\1\ 15 U.S.C. 3142(c) (1982).
\2\ 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 \3\ directed first sellers under the NGPA to make
Kansas ad valorem tax refunds, with interest, for the period from 1983
to 1988. The Commission's September 10 order also provided that first
sellers could, with the Commission's prior approval, amortize their
Kansas ad valorem tax refunds over a 5-year period, although interest
could continue to accrue on any outstanding balance.
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\3\ 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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Devon states that it would be inequitable and cause an unfair
distribution of burdens for it to be held liable for amounts collected
on behalf of, and distributed to, other parties. Devon proposes to file
by September 1, 1998, a report with the Commission detailing its
efforts to recover Kansas ad valorem tax amounts paid to third-parties
which Devon has been unable to recoup.
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, N.E.,
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,
Acting Secretary.
[FR Doc. 98-7541 Filed 3-23-98; 8:45 am]
BILLING CODE 6717-01-M
