[Federal Register Volume 63, Number 67 (Wednesday, April 8, 1998)]
[Notices]
[Page 17167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9169]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. SA98-44-001 and SA98-44-002]
Molz Oil Company; Notice of Amendment to Petition for Adjustment
and Request for Extension of Time
April 2, 1998.
Take notice that on, March 13, 1998, in Docket No. SA98-44-001, and
March 20, 1998, in Docket No. SA98-44-002, Molz Oil Company (Molz)
filed supplements amending its March 9, 1998 petition, in Docket No.
SA98-44-000, for a procedural adjustment and request for a 90-day
extension of time to resolve disputes with Panhandle Eastern Pipe Line
Company (Panhandle) over the amount of Kansas ad valorem tax refunds
owed by the First Sellers (including Molz) listed in the March 9
petition.\1\ The March 13 amending supplement states that Dean Courson
(individually and on behalf of M-C Oil), Darry Brown (individually and
on behalf of Lieble Brown), L.L. Demaree, Doug McGinness, Viola
McGinness, Marvin Miller, Joe Nagele, Cindy Nagele a.k.a. Cindy
Yandell, Helen Thiesing, Tri-K Equipment, Kenneth Vassar, Bob Watts,
and Mollie Watts are included as First Sellers under Molz's March 9
petition, and updates the amount reported to be in dispute with
Panhandle. The March 20 amending supplement states that MBT Antrim MBT
Oil, Darrol Miller, and Pauline Miller (a.k.a. Mrs. Darrol Miller), are
included as First Sellers under Molz's March 9 petition. The March 20
amending supplement also further updates the amount reported to be in
dispute with Panhandle.
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\1\ The working interest owners in Molz's original list of First
Sellers include: Donald Albers; Molz Oil Company; James Jukes (as
successor to Barber Assoc., D.M. Associates, KMAD Associates, KMAD
#3 Associates, and Logan McGuire Assoc.); C.H. Bartlett; Marvin
Blubauh, Carlos (a.k.a. Charles) Brewer; Darry Brown; Caruthers
Const.; D.L. Caruthers; Rick Caruthers; M.D. Christensen; Judy
Courson; Donald E. Evans; Helen Evans; Judy Evans; K.B. Evans;
Clarence Hrencher; K&K Leasing; Kansas Oil & Gas; Keen Oil, Inc.;
Kenla Oil Co.; Thereon Krehbiel; Tommie Littell; Joyce Lutz; Viola
McGinness; Lee Mackey; Robert McCaffree; John Michel; Beverly Molz;
Jim Molz; Ronald Molz; Kristi Molz; Russell Molz; Judith Ann Price;
A.W. Powell; Rathgeber & Rathgeber; Ben Rathgeber; Bob and Lometa
Rathgeber; Eloise Rathgeber; B. Jean Sandifer; Lamoine Schrock;
Dexter Smith; Super Service; Sweetman Drilling; R.K. Sweetman; Kelly
Thiesing; Kevin Thiesing; Jana Thiesing; Traffas Herfords; Vinmar
Children; Vinmar Farms; Westmore Drilling Co.; Wilderness Oil & Gas;
Marilyn Wiles; and Betty Winn.
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The March 9 petition and March 13 and March 20 supplements amending
the March 9 petition are on file with the Commission and open to public
inspection.
Molz filed the March 9 petition pursuant to section 502(c) of the
Natural Gas Policy Act of 1978, on its own behalf and the working
interest owners for whom Molz operated, and in response to the
Commission's September 10, 1997, order in Docket No. RP97-369-000 et
al,\2\ on remand from the D.C. Circuit Court of Appeals,\3\ which
directed first sellers to make Kansas ad valorem tax refunds, with
interest, for the period from 1983 to 1988. The March 9 petition, in
addition, to the request for a 90-day extension of the March 9, 1998
refund deadline, requests that the Commission: (1) Grant a procedural
adjustment, allowing Molz and the listed First Sellers (as amended) to
escrow the disputed amount of the refund set forth in the Statement of
Refunds Due that Panhandle filed in Docket No. RP98-40-000 (as
revised); (2) to allow Molz (following resolution of the dispute) to
retain in that account (a) the principal and interest on amounts
attributable to production prior to October 4, 1983, and (b) the
interest on all reimbursed principal determined to be refundable as
being in excess of maximum lawful prices, excluding interest retained
under (a) above; and (3) determine that Molz is liable solely for its
proportionate share of the tax refunds.
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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).
\3\ Public Service Company of Colorado v. FERC, 91 F. 3d 1478
(D.C. Cir. 1996), cert. denied, 65 U.S.L.W. 3751 and 3754 (May 12,
1997) (Nos. 96-954 and 96-1230).
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Molz's March 20 amending supplement states that Panhandle served
Molz with a revised Statement of Refunds Due, dated February 6, 1998,
indicating a total refund due of $301,843.59, and that the entire
disputed amount (with interest through March 9, 1998) is now
$261,992.05.
Any person desiring to answer Molz's March 13 and March 20
amendments should file such answer with the Federal Energy Regulatory
Commission, 888 First Street, N.E., Washington, D.C. 20426, on or
before 15 days after the date of publication of this notice in the
Federal Register, in accordance with the Commission's Rules of Practice
and Procedure (18 CFR 385.213, 385.215, 385.1101, and 385.1106).
Linwood A. Watson, Jr.
Acting Secretary.
[FR Doc. 98-9169 Filed 4-7-98; 8:45 am]
BILLING CODE 6717-01-M
