[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Notices]
[Pages 31975-31976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15519]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. GP98-35-000]
Ethel Huffman McKee, Paul R. Gougelman III, Grace & Franklin
Bernsen Foundation, and Craig Henderson; Notice of Petition for Dispute
Resolution
June 5, 1998.
Take notice that, on June 2, 1998, Ethel Huffman McKee, Paul R.
Gougelman III, Grace & Franklin Bernsen Foundation, and Craig Henderson
(collectively: Applicants) filed a petition requesting the Commission
to resolve any potential dispute they have with Panhandle Eastern Pipe
Line Company (Panhandle) as to whether Applicants owe Panhandle any
Kansas ad valorem tax refunds. Applicants request that the Commission
find that they have no Kansas ad valorem tax refund liability to
Panhandle for the period from 1983 to 1988, based on a July 23, 1990
Settlement Agreement between Applicants and Panhandle (1990
Settlement). Applicants' petition is on
[[Page 31976]]
file with the Commission and open to public inspection.
The Commission, by order issued September 19, 1997, in Docket No.
RP97-369-000 et al,\1\ on remand from the D.C. Circuit Court of
Appeals,\2\ required first sellers to refund the Kansas ad valorem tax
reimbursements to the pipelines, with interest, for the period from
1983 to 1988. In its January 28, 1998 Order Clarifying Procedures [82
FERC para. 61,059 (1998)], the Commission stated that producers (i.e.,
first sellers) could file dispute resolution requests with the
Commission, asking the Commission to resolve the dispute with the
pipeline over the amount of Kansas ad valorem tax refunds owed.
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\1\ See 80 FERC para. 61,264 (1997); order denying reh'g issued
January 28, 1998, 82 FERC para. 61,058 (1998).
\2\ 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).
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Applicants state that Panhandle has attempted to collect Kansas ad
valorem tax refunds from them for the period from 1983 to 1988.
Applicants contend that these efforts are a breach of their 1990
Settlement with Panhandle, because the 1990 Settlement released
Applicants and Panhandle from all claims against each other relating to
Applicants' gas purchase contract with Panhandle. Applicants also state
that they have placed the principal and interest involved into an
escrow account, and request that, if necessary, the Commission
authorize Applicants to place these sums into the escrow account,
pending resolution of their dispute with Panhandle. Applicants also
request that the Commission establish a briefing schedule so that
Applicants can fully advise the Commission of their position.
Any person desiring to comment on or make any protest with respect
to the above-referenced petition should, on or before June 26, 1998,
file with the Federal Energy Regulatory Commission, 888 First Street,
NE, Washington, DC 20426, a motion to intervene or protest in
accordance with the requirements of the Commission's Rules of Practice
and Procedure (18 CFR 385.214 or 385.211). 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 the
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. 98-15519 Filed 6-10-98; 8:45 am]
BILLING CODE 6717-01-M
