[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Notices]
[Pages 15188-15189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8166]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-62-000]
Ned E. & Dorothy J. Lowry; Notice of Petition for Adjustment and
Dispute Resolution Request
March 24, 1998.
Take notice that on March 10, 1998, Ned E. & Dorothy J. Lowry (The
Lowry's) filed a petition for adjustment
[[Page 15189]]
under section 502(c) of the Natural Gas Policy Act of 1978 (NGPA),\1\
and a dispute resolution request, with respect to its Kansas ad valorem
tax refund liability under the Commission's September 10, 1997 order in
Docket Nos. RP97-369-000, GP97-3-000, GP97-4-000, and GP97-5-000.\2\
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\1\ 15 U.S.C. 3142(c) (1982).
\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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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 issued a January 28, 1998 order in Docket No.
RP98-39-001, et al. (January 28 Order),\4\ clarifying the refund
procedures, stating that producers could request additional time to
establish the uncollectability of royalty refunds, and that first
seller 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 the individual circumstances applicable to each
first seller.
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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).
\4\ 82 FERC para. 61,059 (1998).
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The Lowry's requests that the Commission resolve any potential
dispute between The Lowry's and Anadarko Gathering Company (Anadarko),
finding that The Lowry's have no liability for reimbursement of Kansas
ad valorem taxes. The Lowry's state that they are only royalty owners,
and that those tax reimbursements were made on their royalty interest
in lands in the City of Liberal, which were leased to Kennedy &
Mitchell. The Lowry's aver that they were never lessee or working
interest owners and further state that they made no sales of the gas.
The Lowry's state they do not believe the refund orders apply to them,
because they are not First Sellers.
The Lowry's indicate that they have advised Anadarko of the
information stated above, but that Anadarko has not responded.
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. 98-8166 Filed 3-27-98; 8:45 am]
BILLING CODE 6717-01-M
