[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Page 14454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7781]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-39-000]
Quinque Oil & Gas Producing Company; Notice of Petition for
Adjustment
March 19, 1998.
Take notice that on March 9, 1998, Quinque Oil & Gas Producing
Company (Quinque), filed a petition for adjustment under section 502(c)
of the Natural Gas Policy Act of 1978 (NGPA),\1\ requesting on behalf
of certain working interest owners (First Sellers) \2\ for whom it
operated that the Commission:
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\1\ 15 U.S.C. 3142(c) (1982).
\2\ First Sellers are Quinque Oil & Gas Producing Co., John W.
Moore, Margaret C. Moore, Michael Moore, David O. Wilson, Jack E.
Engel Estate, Robert Hatcher Estate, Clarence and Margaret Hoeme, C.
Dale Stromquist, J & J Enterprises, Lyle Pringle Estate, and
Winifred Pringle.
(1) Grant an extension of 90 days to allow First Sellers and
Panhandle Eastern Pipeline Company (PEPL) to resolve any dispute as
to the proper amount of the refund liability of First Sellers from
the Kansas ad valorem tax reimbursements set forth in the Statement
of Refunds Due (SRD) and to make refunds or to submit such dispute
to the Commission for resolution if the parties cannot resolve it
within such time, and
(2) In order to stop the accrual of interest pending resolution
of disputes and legal issues, grant an adjustment to its procedures
to allow First Sellers to place into escrow account only any
disputed amount of the refund but also: (1) Principle and interest
on amounts of tax reimbursements received in years after the subject
well was deregulated, and (ii) principal and interest on amounts
attributable to production prior to October 4, 1983.
First Sellers also request an order for reimbursement of the 1984
tax refund First Sellers have made to PEPL to the extent of any part of
its is hereafter deemed to be attributable to production prior to
October 4, 1983. Quinque also requests that it be determined that it
has no liability under the SRD except as to amounts attributable solely
to its own working interest. Quinque's petition is on file with the
Commission and open to public inspection.
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 would, with the Commission's prior approval, amortize
their Kansas ad valorem tax refunds over a 5-year period, although
interest would 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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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. 98-7781 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M
