[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14451-14452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7771]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-17-000]
Midgard Energy Company; Notice of Petition for Adjustment
March 19, 1998.
Take notice that on March 6, 1998, Midgard Energy Company (Midgard)
filed a petition for adjustment under section 502(c) of the Natural Gas
Policy Act of 1978 (NGPA),\1\ requesting the grant of a procedural
adjustment in connection with its refund liability to Panhandle Eastern
Pipe Line Company (Panhandle) for reimbursement of Kansas ad valorem
taxes, as required by the Commission's September 10, 1997 order in
Docket Nos. GP97-3-000, GP97-4-000, GP97-5-000, RP97-369-000.\2\ This
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 clarified the refund procedures in its Order in
Northern Natural Gas Company,\4\ stating that it would grant extension
of the refund due date for royalty refunds if a producer requests such
an extension. In addition, the Commission indicated in its January 28th
Order that it would consider adjustment requests as to the refund
amounts and the refund procedures.
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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).
\4\ 82 FERC para.61,059 (1998).
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Midgard requests authorization to place into an escrow account both
the principal and interest on pre-October 3, 1983 production and the
interest on its remaining refunds to Panhandle. Midgard argues that it
seeks to establish this procedure to ensure that it pays only that
which is legitimately owed, and that if it is subsequently determined
that it has no refund liability for interest or pre-October 3, 1983,
production, it can recover the overpayment.
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
[[Page 14452]]
in accordance with the Commission's Rules.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-7771 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M
