[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14442-14443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7798]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-59-000]
Benson Mineral Group, Inc.; Notice of Petition for Adjustment
March 19, 1998.
Take notice that on March 9, 1998, Benson Mineral Group, Inc.
(Benson--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 Benson's Kansas ad valorem tax refund liability.
The Commission's September 10, 1997 order on remand from the D.C.
Circuit Court of Appeals,\1\ in Docket No.
[[Page 14443]]
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. 1996), cert. denied, Nos. 96-954 and 96-1230 (65 U.S.L.W. 3751
and 3754, May 12, 1997).
\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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Benson requests that the Commission:
(1) Grant an extension of 90 days to allow First Sellers and
Williams Natural Gas Company (Williams) to resolve any dispute as to
the proper amount of the refund liability of First Sellers for the
Kansas ad valorem tax reimbursements set forth in the Statement of
Refunds Due (SRD) addressed to First Seller, 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 Sellers to place into an escrow account not only any
disputed amount of the refund by Williams but also principal and
interest on amounts attributable to production prior to October 4,
1983, 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, NE.,
Washington, DC 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. 98-7798 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M
