[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14441-14442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7796]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-57-000]
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. (BMG)
filed a petition for adjustment and a request for extension of time
under section 502(c) of the Natural Gas Policy Act of 1978 (NGPA),
requesting an adjustment to its obligation to make Kansas ad valorem
tax refunds to KN Interstate Gas Transmission Company (KN), all as more
fully set forth in the petition which is on file with the Commission
and open to public inspection.
[[Page 14442]]
It is stated that BMB's petition is filed in response to the
Commission's September 10, 1997, order in Docket Nos. RP97-369-000,
GP97-3-000, GP97-5-000 \1\ on remand from the D.C. Circuit Court of
Appeals \2\, which directed first sellers under the NGPA to make Kansas
ad valorem tax refunds, with interest, for the period from 1983 to
1988.
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\1\ See 80 FERC para. 61,264 (1997); order denying reh'g issued
January 28, 1998, 82 FERC para. 61,058 (1998).
\2\ 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).
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BMG requests that the Commission grant an adjustment to its
procedures to allow First Sellers to place into an escrow account the
disputed amount of the refund set forth in the Statement of Refunds Due
(SRD) from KN,\3\ and, after resolution of the dispute, to retain in
the account (a) principal and interest on amounts attributable to
production prior to October 4, 1983, and (b) interest on all reimbursed
principal amount determined to be refundable as being in excess of
maximum lawful prices (excluding interest retained under (a)) above. It
is stated that the SRD received from KN was $39,853.44, including
interest accrued through November 30, 1997.
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\3\ See Docket No. RP98-53-000.
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BMG also requests an extension of time to permit an additional 90
days to resolve any dispute as to the correct amount of its actual
refund liability and to reach an agreement on the amount before
submitting the dispute to the Commission.
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, and385.1106). 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. 98-7796 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M
