[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Notices]
[Page 28851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13910]



[[Page 28851]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-369-000]


Public Service Company of Colorado and Cheyenne Light Fuel and 
Power Company; Notice of Petition for an Order Establishing Procedures 
for the Payment of Refunds

May 21, 1997.
    Take notice that on May 16, 1997, Public Service Company of 
Colorado and Cheyenne Light, Fuel and Power Company (Petitioners) filed 
a request that the Commission issue an order establishing procedures 
for the payment of refunds of overcharges related to Kansas ad valorem 
taxes, as required by the decision of the United States Court of 
Appeals for the District of Columbia Circuit issued on August 2, 1996, 
in Public Service Co. of Colorado v. FERC, 91 F.3d 1478 (D.C. Cir. 
1996), cert. denied, (May 12, 1997).
    The Petitioners state that as customers of several interstate 
pipelines during the 1980's they paid amounts for Kansas ad valorem 
taxes as part of the Commission-approved rates for gas sales service. 
In Public Service Co. of Colorado, the Court upheld the Commission's 
determination that Kansas ad valorem taxes paid by the first sellers 
were not severance taxes that qualified as an ``add-on'' to the maximum 
lawful price under section 110 of the Natural Gas Policy Act (NGPA). 
The Court held that all first sellers were to refund all amounts for 
Kansas ad valorem taxes collected with respect to production since 
October 1983, when they had notice of the Commission's proceeding 
instituted to determine whether the taxes were recoverable under the 
NGPA.
    The Petitioners assert that to implement the decision in Public 
Service Co. of Colorado, the Commission must require first sellers that 
collected revenues in excess of the NGPA maximum lawful prices as 
reimbursement of Kansas ad valorem taxes for sales since 1983 to refund 
the unlawful overcharges to the pipeline purchasers, with interest 
calculated using the Commission's applicable interest rate for each 
quarter since collection of the taxes. The pipeline purchasers must 
then flow through the refunds to the customers that were actually 
overcharged. The Petitioners request that the Commission issue an order 
establishing such procedures for the payment of refunds.
    Any person desiring to be heard or to protest said filing should 
file a petition to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Sections 385.211 and 385.214 of the Commission's 
Rules of Practice and Procedure. All such petitions or protests must be 
filed on or before June 11, 1997. Protests will be considered by the 
Commission in determining the appropriate action to be taken, but will 
not serve to make protestants parties to the proceeding. Any person 
wishing to become a party must file a petition to intervene. Copies of 
this filing are on file with the Commission and are available for 
public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-13910 Filed 5-27-97; 8:45 am]
BILLING CODE 6717-01-M