[Federal Register Volume 63, Number 158 (Monday, August 17, 1998)]
[Notices]
[Pages 43918-43919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21973]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-93-000]
Eastman Dillon Oil & Gas Associates; Notice of Petition for
Adjustment
August 11, 1998.
Take notice that on July 7, 1998, Eastman Dillon Oil & Gas
Associates (Eastman Dillon) filed the above-referenced petition,
pursuant to section 502(c) of the Natural Gas Policy Act of
[[Page 43919]]
1978. Eastman Dillon's petition requesting that the Commission grant a
waiver of refunds of Kansas ad valorem tax reimbursement. Eastman
Dillon's 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. Alternatively, if it is not relieved from making the
subject refunds, Eastman Dillon requests that the Commission permit it
to amortize its refund obligation over a 5-year period. 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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Eastman Dillon specifically requests a waiver of the refund
liability under the Commission's orders based on: (1) its inability to
recover amounts previously disbursed to its partners under Delaware
partnership law; and (2) its inability to recover payments previously
made to royalty owners under the Kansas royalty law. If, however,
payments previously made to royalty owners under the Kansas royalty
law. If, however, the Commission is not willing to grant such a total
waiver of refund liability, Eastman Dillon requests a waiver of refunds
at least as to amounts attributable to prior limited partners who no
longer are partners in Eastman Dillon (including some who are
deceased), and as to royalty amounts. Furthermore, Eastman Dillon
requests that the Commission permit it to spread refund as to the
remaining amounts due, after the limited waiver, over a five year
period commencing as of the date of action on this Petition.
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, 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.
David P. Boergers,
Secretary.
[FR Doc. 98-21973 Filed 8-14-98; 8:45 am]
BILLING CODE 6717-01-M
