[Federal Register Volume 63, Number 140 (Wednesday, July 22, 1998)]
[Notices]
[Pages 39285-39286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19446]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. GP98-38-000]
Vastar Gas Marketing, Inc. and Atlantic Richfield Company; Notice
of Petition for Dispute Resolution
July 16, 1998.
Take notice that, on July 7, 1998, Vastar Gas Marketing, Inc. (VGM)
and Atlantic Richfield Company (ARCO) filed a petition requesting the
Commission to resolve VGM and ARCO's dispute with El Paso Natural Gas
Company (El Paso) over El Paso's revised $3,619,181.55 Kansas ad
valorem tax refund claim in Docket No. RP98-44-000. VGM and ARCO seek
rulings: 1) That VGM has no Kansas ad valorem tax refund liability to
El Paso; 2) that El Paso has failed to substantiate its refund claim
against ARCO and, therefore, that ARCO has no Kansas ad valorem tax
refund obligation to El Paso; and 3) that El Paso waived any refund
claim attributable to Kansas ad valorem tax overcharges in a March 1,
1988 settlement with ARCO Oil & Gas Company. In the alternative, if the
Commission finds that ARCO does owe Kansas ad valorem tax refunds to El
Paso, VGM and ARCO request a ruling that such refund liability is
limited to ARCO's own working interest and the attributable royalties.
VGM and ARCO'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 Kansas ad valorem tax
reimbursements to 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
[[Page 39286]]
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 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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Any person desiring to comment on or make any protest with respect
to the above-referenced petition should, on or before August 6, 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 and 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. 98-19446 Filed 7-21-98; 8:45 am]
BILLING CODE 6717-01-M
