[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Notices]
[Page 11429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5960]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. GP98-17-000]
Anadarko Petroleum Corporation; Notice of Offer of Settlement and
Call for the Protection of Rights Pending Adjudication or Settlement
March 3, 1998.
Take notice that on February 24, 1998, Anadarko Petroleum
Corporation (Anadarko), alleging compliance with the Commission's
January 28, 1998 Order Clarifying Procedures (82 FERC para. 61,059),
filed an offer of settlement with the Commission, and called for the
protection of its rights pending adjudication or settlement, with
respect to Anadarko's Kansas ad valorem tax refund obligation to
Colorado Interstate Gas Company (CIG), identified in the Statement of
Refunds Due filed by CIG in Docket No. RP98-54-000. Anadarko's pleading
is on file with the Commission and, except for Anadarko's confidential
offer of settlement, is open to public inspection.
Anadarko contends that the Commission has established a procedure
to follow, under 18 CFR 385.602 of the Commission's regulations, when
informal settlement or reconciliation efforts fail, and that it has
complied with the requisites of that Section. Anadarko suggests that a
Settlement Judge be appointed, that Anadarko's refund obligation to CIG
be held in abeyance and that interest be tolled, on the basis that
Anadarko has a constitutional and statutory right to a hearing before
it may be deprived of property, i.e., the 1983-1988 Kansas ad valorem
tax reimbursement dollars that Anadarko previously collected from CIG.
Anadarko further alleges that it made a settlement offer to CIG, and
that CIG rejected that offer.
Anadarko also requests a full and fair hearing, and claims that
there are contested issues of material fact (measurable in dollars) on
which CIG and Anadarko disagree. Anadarko further argues that these
issues must be adjudicated. Anadarko's alleged issues of material fact
include:
(1) The amount of dollars of revenue Anadarko collected for the
sale of its gas in each relevant time period;
(2) How much (if any) of the dollars Anadarko collected were in
excess of the maximum lawful price (MLP) in each relevant time period;
(3) How much (if any) of the excess dollars collected by Anadarko
were actually paid by customers of interstate pipelines through the
pipeline's PGA process, i.e., how much were the pipeline's customers
overcharged; and
(4) Assuming that part of the refund amount is interest, then when
did the interstate pipeline customers begin paying a fraction of the
amounts determined to be in excess of the MLP, which Anadarko contends
will govern the amount of interest owned.
Anadarko's pleading includes its claim that it has complied with
the Commission's orders requiring a statement of its basic principles
for rejecting CIG's refund claim, and Anadarko's privileged and
confidential offer of settlement to CIG (Anadarko's Attachment A).
Anadarko also provides its own assessment as to how to compute the
correct refund amount.
The procedural rules governing settlements are set forth in Section
385.602 of the Commission's Rules of Practice and Procedure. Under
Section 385.602(f), any person wishing to make comments with respect to
an offer of settlement must do so not later than 20 days after the date
the settlement offer was filed. Reply comments must be filed not later
than 30 days after the date the settlement offer was filed.
Accordingly, any person desiring to file comments with respect to
Anadarko's offer of settlement should file with the Federal Energy
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426,
by March 16, 1998, in accordance with the requirements of the
Commission's Rules of Practice and Procedure [18 CFR 385.602(f)].
David P. Boergers,
Acting Secretary.
[FR Doc. 98-5960 Filed 3-6-98; 8:45 am]
BILLING CODE 6717-01-M
