[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Page 14441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7795]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-56-000]
Benson Mineral Group, Inc.; Notice of Petition for Adjustment and
Request for Extension of Time
March 19, 1998.
Take notice that on March 9, 1998, Benson Mineral Group, Inc., as
First Seller (Benson), filed a petition, pursuant to section 502(c) of
the Natural Gas Policy Act of 1978 (NGPA), for an adjustment of the
Commission's refund procedures ([15 U.S.C. 4142(c)(1982)] with respect
to Benson's Kansas ad valorem tax refund liability. Benson's petition
is on file with the Commission and open to public inspection.
The Commission's September 10, 1997, order on remand from the D.C.
Circuit Court of Appeals,\1\ in Docket No. RP97-369-000, et al.,\2\
directed first sellers 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 Clarifying Procedures [82 FERC para.
61,059 (1998)], stating therein that producers [first sellers] could
request additional time to establish the uncollectability of royalty
refunds, and that first sellers 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 their individual
circumstances.
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\1\ Public Service Company of Colorado v. FERC, 91 F.3d 1478
(D.C. Cir. 1996), cert. denied, 65 U.S.L.W. 3751 and 3754 (May 12,
1997)(Nos. 96-954 and 96-1230).
See 80 FERC para. 61.264 (1997); order denying reh'g, 82 FERC
para. 61,058 (1998).
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Benson requests an extension of 90 days from March 9, 1998, to
allow Benson and Northern Natural Gas Company (Northern) to resolve any
dispute as to the proper amount of refund set forth in the Statement of
Refunds Due [SRD] received from Northern and make any refunds owing, or
to submit such dispute to FERC for resolution if the parties cannot
resolve it within such time. Additionally, Benson requests that the
Commission grant an adjustment to its procedures to allow Benson to
place into an escrow account not only the disputed amount of the
refund, but also principal and interest on amounts attributable to
production prior to October 4, 1983, and interest on all other amounts
claimed to be due under the SRD, in order to stop the accrual of
interest pending resolution of disputes and legal issues. Finally,
Benson also requests a determination that it has no liability under the
SRD except to amounts attributable solely to its own working interest.
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. 98-7795 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M
