[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Notices]
[Page 35208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17201]
[[Page 35208]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-85-000]
Charles B. Wilson, Jr., Inc., et al.; Notice of Petition for
Dispute Resolution
June 23, 1998.
Take notice that, on June 15, 1998, Charles B. Wilson, Jr., Inc.,
Powell Petroleum, Inc., Billy R. Powell, Bronco, Ltd., Charles Bruce
Wilson, III and Lea Wilson (collectively: Applicants) filed a petition
requesting the Commission to resolve the dispute they have with
Colorado Interstate Gas Company (CIG) as to whether Applicants owe CIG
any Kansas ad valorem tax refunds. Applicants request that the
Commission find that they have no Kansas ad valorem tax refund
liability to CIG for the period from 1983 to 1988, based on a 1988
Settlement Agreement between Applicants and CIG (1988 Settlement).
Applicants' 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 DC 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, 92 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 the CIG 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 1988
Settlement with CIG, because the 1988 Settlement released Applicants
and CIG from all claims against each other relating to Applicants' gas
purchase agreement with CIG. Applicants also state that they will be
establishing an interest bearing escrow account in which they will
place the involved principal and interest (excluding royalty refunds).
Applicant requests that in the event the 1988 Settlement does not
resolve the issue refund liability, then Applicant requests that
Commission grant an adjustment relieving Applicant from such refund
liability. 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 be heard or to make any protest with
reference to said petition should on or before 15 days after the date
of publication in the Federal Register of this notice, file with the
Federal Energy Regulatory Commission, 888 First Street, NE, Washington,
DC 20426, a motion to intervene or a protest in accordance with the
requirements of the Commission's Rules of Practice and Procedure (18
CFR 385.214, 385.211, 385.1105, and 385.1106). 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 a proceeding
or to participate as a party in any hearing therein must file a motion
to intervene in accordance with the Commission's Rules.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-17201 Filed 6-26-98; 8:45 am]
BILLING CODE 6717-01-M
