[Federal Register Volume 63, Number 158 (Monday, August 17, 1998)]
[Notices]
[Page 43918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21972]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-92-000]
Broadhurst Operating Limited Partnership No. 2, Broadhurst
Operating Limited Partnership No. 3, and Ralph Howard, Inc., Notice of
Petition for Adjustment
August 11, 1998.
Take notice that on July 7, 1998, Broadhurst Operating Limited
Partnership No. 2, Broadhurst Operating Limited Partnership No. 3, and
Ralph Howard, Inc. (Producers) filed the above-referenced petition,
pursuant to section 502(c) of the Natural Gas Policy Act of 1978.
Eastman Dillon's petition requesting that the Commission grant a waiver
of refunds of Kansas ad valorem tax reimbursement. Producers' petition
is on file with the Commission and is 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\ directed First Sellers to make Kansas ad valorem tax
refunds, with interest, to the appropriate pipelines, 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.
Additionally, the Commission indicated that it would grant extension of
the refund due date for royalty refunds if a producer requests such an
extension. Also the Commission's January 28 order states that it would
consider adjustment requests as to the refund amounts and the refund
procedures.
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\1\ See: 80 FERC para. 61,264 (1997); rehearing denied 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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Producers specifically request that the Commission allow them to
place into an escrow account the following potential non-royalty
refunds to Northern Natural Gas Company (Northern) and Colorado
Interstate Gas Company (CIG): (a) the principal and interest amount of
refunds attributable to production prior to October 3, 1983; (b) the
interest due on principal refunds (other than pre-October 3, 1983,
production refunds); and (c) the principal refunds (other than pre-
October 3, 1983, production refunds). Producers further request that
the Commission grant a one year deferral of such royalty refunds to
July 7, 1999, to allow Producers additional time to seek recovery.
Any person desiring to be heard or to make any protest with
reference to any of these petitions 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, N.E.,
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.
David P. Boergers,
Secretary.
[FR Doc. 98-21972 Filed 8-14-98; 8:45 am]
BILLING CODE 6717-01-M
