[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Notices]
[Page 34645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16888]
[[Page 34645]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. GP98-37-000]
James E. Silver; Notice of Petition for Clarification
June 19, 1998.
Take notice that, on June 15, 1998, James E. Silver (Silver) filed
a letter petitioning the Commission to clarify whether the Commission
will direct Williams Gas Pipelines Central, Inc., formerly: Williams
Natural Gas Company (Williams) to return certain Kansas ad valorem tax
refunds that Silver paid to Williams on behalf of certain royalty
interest owners, where Silver has since been unable to recover the
refunds he paid on behalf of certain royalty owners, from those royalty
owners. Silver's petition is on file with the Commission and open to
public inspection.
The Commission, by order issued September 10, 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.
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\1\ See 80 FERC para. 61,264 (1997); order denying rehearing
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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Silver indicates that he is the Managing Partner of Olympic
Petroleum Company (Olympic), and that Williams notified him that
Olympic owed $85,787.27 in Kansas ad valorem tax refunds to Williams
($34,877.98 in principal and $50,909.29 in interest). Silver states
that he paid this sum to Williams, in full. Silver also indicates that
$15,453.64 of this total represents refunds attributable to royalty
owners that he paid on behalf of the royalty owners. Silver states that
he has been unable to recover $10,281.37 from certain royalty owners,
and sets forth the amount of unrecovered refunds, along with the reason
he has been unable to recover those refunds from the royalty owners, as
follows: (1) $8,441.53 represents ten (10) royalty owners that have
failed to respond to letters and phone calls; (2) $210.32 represents a
single royalty owner who's address is unknown; (3) $818.57 represents a
single royalty owner who has petitioned the Commission (in Docket No.
SA98-79-000) for relief from the refund requirement; and $810.95
represents five (5) royalty owners who are deceased and their estates
closed. In review of this, Silver requests the Commission to clarify
whether the Commission will consider returning (i.e., whether the
Commission will consider directing Williams to return):
(1) The $810.95 Silver paid on behalf of deceased royalty owners
and, if so, what the procedures are for requesting such consideration;
(2) the $210.32 Silver paid on behalf of the royalty owner whose
address is unknown; and
(3) the $818.57, in the event that the Commission grants the
royalty owner's appeal in Docket No. SA98-79-000 and, if so, what the
procedure is for doing so.
In addition, Silver requests the Commission to clarify whether the
Commission's September 10, 1997 refund order affords Silver any
authority or legal power to recover the $8,441.53 in refunds that he
paid on behalf of the 10 royalty owners who have since refused to
respond to his requests to be reimbursed for the refunds he made on
their behalf.
Any person desiring to comment on or make any protest with respect
to the above-referenced petition should, on or before July 10, 1998,
file with the Federal Energy Regulatory Commission, 888 First Street,
N.E., Washington, D.C., 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. 98-16888 Filed 6-24-98; 8:45 am]
BILLING CODE 6717-01-M
