[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14446-14447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7790]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-49-000]
Graham-Michaelis Corporation; Notice of Petition for Adjustment
March 19, 1998.
Take notice that on March 9, 1998, Applicants, Graham-Michaelis
Corporation (GMC) and the working interest owners \1\ filed a petition
for adjustment under section 502(c) of the Natural Gas Policy Act of
1978 (NGPA),\2\ and an extension of time to reach agreement or a
dispute resolution request, 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 GP97-5-003.\3\
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\1\ Working interest owners are W.A. Michaelis, Jr. Revocable
Trust, John L. James Revocable Trust, George D. Rosel Estate, Aikman
Oil & Gas Co., CEA Corp., Robert E. Aikman, William H. Aikman, Dail
C. West, Graham Enterprises, William L. Graham Revocable Trust,
Graham Co., H.R. Michaelis Revocable Trust, David M. Dayvault
Revocable Trust, Jack L. Yinger Revocable Trust, K & B Producers,
Inc., William Graham, Inc., Chas. A. Neal & Co., March Oil Co.,
Minatome Corp., Leona P. Maxfield, Lake Forest Academy, and Kaiser-
Francis Oil Co.
\2\ 15 U.S.C. 3142(c) (1982).
\3\ 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 \4\ 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),\5\ 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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\4\ 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).
\5\ 82 FERC para.61,059 (1998).
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GMC, on behalf of first sellers for whom it operated (Applicants),
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 reach an agreement with Northern Natural Gas Company on the
correct amount of the potential refund liability of Applicants and
submit any unresolved dispute to the Commission; (2) grant an
adjustment to its procedures to allow Applicants to defer payment of
principal and interest attributable to royalties for one year until
March 9, 1999; and (3) grant an adjustment to the Commission's
procedures to allow Applicants to place into an escrow account the
amount of the refund which appears presently to be in dispute but which
may still be resolved by agreement and (i) amounts attributable to
royalty refunds which have not been collected from the royalty owners
(principal and interest), (ii) principal and interest on amounts
attributable to production prior to October 4, 1983, (iii) interest on
royalty amounts which have been recovered from the royalty owners (the
principal of which was refunded), and (iv) interest on all reimbursed
principal amounts determined to be
[[Page 14447]]
refundable as being in excess of maximum lawful prices (excluding
interest retained under (i), (ii), and (iii) 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. 98-7790 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M
