[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Notices]
[Page 11428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5975]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. GP98-12-000]
Amoco Production Company; Notice of Offer of Settlement and Call
for the Protection of Rights Pending Adjudication or Settlement
March 3, 1998.
Take notice of that on February 24, 1998, Amoco Production Company
(Amoco), 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 Amoco's
Kansas ad valorem tax refund obligation to Northern Natural Gas Company
(Northern Natural), identified in the Statement of Refunds Due filed by
Northern Natural in Docket No. RP98-39-000. Amoco's pleading is on file
with the Commission and, except for Amoco's confidential offer of
settlement, is open to public inspection.
Amoco 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. Amoco suggests that a
Settlement Judge be appointed, that Amoco's refund obligation to
Northern Natural be held in abeyance and that interest be tolled, on
the basis that Amoco 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 Amoco previously
collected from Northern Natural. Amoco further alleges that it made a
settlement offer to Northern Natural, and that Northern Natural
rejected that offer.
Amoco also requests a full and fair hearing, and claims that there
are contested issues of material fact (measurable in dollars) on which
Northern Natural and Amoco disagree. Amoco further argues that these
issues must be adjudicated. Amoco's alleged issues of material fact
include:
(1) The amount of dollars of revenue Amoco collected for the sale
of its gas in each relevant time period;
(2) How much (if any) of the dollars Amoco 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 Amoco 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 Amoco contends
will govern the amount of interest owned.
Amoco's pleading includes its claim that it has complied with the
Commission's orders requiring a statement of its basic principles for
rejecting Northern Natural's refund claim, and Amoco's priviledged and
confidential offer of settlement to Northern Natural (Amoco's
Attachment A). Amoco also provided 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
Amoco'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. 98-5975 Filed 3-6-98; 8:45 am]
BILLING CODE 6717-01-M
