[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Page 14442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7797]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-58-000]
Benson Mineral Group, Inc.; Notice of Petition for Adjustment
March 19, 1998.
Take notice that on March 9, 1998, Benson Mineral Group, Inc.
(First Seller), 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. 3142(c) (1982)] with respect
to First Seller's Kansas ad valorem tax refund liability. First
Seller'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,\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).
\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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First Seller requests that the Commission: (1) Grant a 90 day
extention to allow First Seller and Panhandle Eastern Pipe Line Company
(Panhandle) to resolve any dispute as to the proper amount of the
refund liability of First Seller for the Kansas ad valorem tax
reimbursements set forth in the Statement of Refunds Due (SRD), filed
in Docket No. RP98-40-000, and to make refunds or to submit such
dispute to FERC 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 Seller to place into escrow account not only
any 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. First
Seller 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.
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 Rules.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-7797 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M
