[Federal Register Volume 63, Number 158 (Monday, August 17, 1998)]
[Notices]
[Page 43920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21974]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-94-000]
McGiness Oil Company; Notice of Petition for Dispute Resolution
and Adjustment
August 11, 1998.
Take notice that on July 8, 1998, McGiness Oil Company (McGiness)
filed the above-referenced petition, pursuant to section 502(c) of the
Natural Gas Policy Act of 1978. McGiness' petition rejects the Kansas
ad valorem tax refund claims made by Panhandle Eastern Pipeline Company
(PEPL), because PEPL has failed to demonstrate that the amount received
by McGiness, inclusive of Kansas ad valorem tax reimbursement, exceeded
an applicable maximum lawful price under the NGPA. If adjustment relief
becomes necessary (i.e., if the Commission determines that McGiness
owes Kansas ad valorem tax refunds to PEPL), McGiness requests to be
relieved from making the refunds attributable to royalties, on the
ground that such refunds are now uncollectible. McGiness asserts
uncollectability based on the enactment of section 7 of House Bill No.
2419, by the State of Kansas. McGiness' 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.
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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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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, D.C. 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. 98-21974 Filed 8-14-98; 8:45 am]
BILLING CODE 6717-01-M
