[Federal Register Volume 63, Number 56 (Tuesday, March 24, 1998)]
[Notices]
[Pages 14079-14080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7543]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-38-000]
John W. LeBosquet; Notice of Petition for Adjustment
March 18, 1998.
Take notice that on March 9, 1998, John W. LeBosquet (LeBosquet),
and other working interest owners for whom LeBosquet operated,
(Dorchester) filed a
[[Page 14080]]
petition for adjustment under section 502(c) of the Natural Gas Policy
Act of 1978 (NGPA),\1\ requesting that the refund procedures in the
Commission's September 10, 1997 order in Docket Nos. RP97-369-000,
GP97-3-000, GP97-4-000, and GP7-5-000,\2\ be altered with respect to
LeBosquet's Kansas ad valorem tax refund liability.
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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 issued a January 28, 1998 order in Docket No.
RP98-39-001, et al. (January 28 Order),\4\ clarifying the refund
procedures, stating that producers could request additional time to
establish the uncollectability of royalty refunds, and that first
seller may file requests for NGPA section 502(c) adjustment relief from
the refund requirement and the timing and procedures for implementing
the refunds, based on the individual circumstances applicable to each
first seller.
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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).
\4\ 82 FERC para. 61,059 (1998).
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LeBosquet request that the Commission pursuant to the Commission's
January 28 Order, (1) grant an extension of 90 days to make refunds to
allow first sellers and Northern to resolve any dispute as to the
proper amount of the refund liability of first sellers for the Kansas
ad valorem tax reimbursements set forth in the State of Refunds Due
(SRD) addressed to the John R. LeBosquet Trust, or to submit such
dispute to the Commission for resolution if the parties cannot resolve
it within such time; (2) to grant an adjustment to its procedures to
allow to defer payment to Northern Natural Gas Company of principal and
interest refunds attributable to unrecovered royalties for one year
until March 9, 1999, and (3) to grant an adjustment to its procedures
to allow first sellers to place into an escrow account during the
requested 1-year deferral period, not only the disputed amount of the
refund but also (i) an amount equal to the principal and interest on
royalty refunds which have been collected from royalty owners and (ii)
principal and interest on amounts attributable to production prior to
October 4, 1983, and (iii) interest on all other principal amounts
claimed to be due under the SRD.
On or before March 9, 1999, LeBosquet proposes to file
documentation with the Commission, of these royalties which were not
collectible and disburse out of escrow funds those royalty refunds
which were recovered.
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. 98-7543 Filed 3-23-98; 8:45 am]
BILLING CODE 6717-01-M
