[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14439-14440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7779]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-36-000]
George B. Angle, d/b/a Frontier Oil Company; Notice of Petition
for Adjustment
March 19, 1998.
Take notice that on March 9, 1998, George B. Angle, d/b/a Frontier
Oil Company (Angle) filed a petition for adjustment under section
502(c) of the Natural Gas Policy Act of 1978 (NGPA),\1\ and an
extension of time for dispute resolution, with respect to its Kansas ad
valorem tax refund liability under the Commission's September 10, 1997
order in Docket Nos. RP97-369-000, GP97-3-000, GP97-4-000, and GP97-5-
000.\2\
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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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Angle requests authorization, pursuant to the Commission's January
28 order, that the Commission: (1) Extend the time by 90 days from
March 9, 1998, in which to obtain the necessary documents and
information to determine if the amount of refund set forth in the
Statement of Refunds Due (SRD) received from K N Interstate
Transmission Company is correct and to reach an agreement on the amount
before submitting the dispute to the Commission, and (2) grant an
adjustment to its procedures to allow Angle to place into an escrow
account the disputed amount of the refund, which at this time is the
entire amount under the SRD, and, after resolution of
[[Page 14440]]
the dispute, retain in the account (i) principal and interest on
amounts attributable to production prior to October 4, 1983, and (ii)
interest on all reimbursed principal amounts determined to be in excess
of maximum lawful prices (excluding interest retained under (i) above).
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. 98-7779 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M
