[Federal Register Volume 63, Number 41 (Tuesday, March 3, 1998)]
[Notices]
[Page 10374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5374]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-6-000]
Wenert Trich; Notice of Petition for Adjustment
February 25, 1998.
Take notice that on February 17, 1998, Wenert Trich (Trich), filed
a petition for adjustment under section 502(c) of the Natural Gas
Policy Act of 1978 (NGPA),\1\ requesting:
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\1\ 15 U.S.C. 3142(c) (1982).
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(1) To be relieved of the obligation to make Kansas ad valorem tax
refunds to Panhandle Eastern Pipe Line Company (Panhandle), with
respect to his interest in six Kansas leases and the corresponding (but
unspecified) wells; and
(2) To be relieved of any obligation to make such refunds on behalf
of the other interest owners in those leases, otherwise required of the
operator by the Commission's September 10, 1997 order in Docket Nos.
GP97-3-000, GP97-4-000, GP97-5-000, and RP97-369-000.\2\
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\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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Trich's petition is on file with the Commission and open to the
public inspection.
The Commission's September 10 order on remand from the D.C. Circuit
Court of Appeals \3\ directed first sellers under the NGPA to make
Kansas ad valorem tax refunds, with interest, for the period from 1983
to 1988. The Commission's September 10 order also provided that first
sellers could, with the Commission's prior approval, amortize their
Kansas ad valorem tax refunds over a 5-year period, although interest
would continue to accrue on any outstanding balance.
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\3\ 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) (Public Service).
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Trich states that he is a retired, former producer that has not
operated oil and gas wells since 1989, and has not been engaged in gas
sales since that time. Trich also states that the six Kansas leases
were sold for salvage in 1987 and 1988. Trich adds that there are 85
other working, royalty, and overriding royalty interest owners in the
subject leases. Trich states that his own interest in the subject
leases amounts to $2,473.40 of the principal identified by Panhandle,
and $5,181.25 of the interest. Trich states that he billed the
individuals and companies that were interest owners in the subject
leases, and has since received four checks totaling $407.20. Trich
states that he is sending those payments to Panhandle.
Trich asserts that he has made a good-faith effort to recover the
refunds owned by the other working, royalty and overriding royalty
interest owners, and requests to be relieved: (1) Of his obligation to
make Kansas ad valorem tax refunds to Panhandle; and (2) the obligation
to make such refunds on behalf of the other working, royalty, and
overriding royalty interest owners, on the basis that paying the
refunds would cause him a special hardship.
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, 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 384.214, 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.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-5374 Filed 3-2-98; 8:45 am]
BILLING CODE 6717-01-M
