[Federal Register Volume 63, Number 41 (Tuesday, March 3, 1998)]
[Notices]
[Page 10374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5374]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-6-000]


Wenert Trich; Notice of Petition for Adjustment

February 25, 1998.
    Take notice that on February 17, 1998, Wenert Trich (Trich), filed 
a petition for adjustment under section 502(c) of the Natural Gas 
Policy Act of 1978 (NGPA),\1\ requesting:
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    \1\ 15 U.S.C. 3142(c) (1982).
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    (1) To be relieved of the obligation to make Kansas ad valorem tax 
refunds to Panhandle Eastern Pipe Line Company (Panhandle), with 
respect to his interest in six Kansas leases and the corresponding (but 
unspecified) wells; and
    (2) To be relieved of any obligation to make such refunds on behalf 
of the other interest owners in those leases, otherwise required of the 
operator by the Commission's September 10, 1997 order in Docket Nos. 
GP97-3-000, GP97-4-000, GP97-5-000, and RP97-369-000.\2\
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    \2\ See 80 FERC para. 61,264 (1997); order denying reh'g issued 
January 28, 1998, 82 FERC para. 61,058 (1998).
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    Trich's petition is on file with the Commission and open to the 
public inspection.
    The Commission's September 10 order on remand from the D.C. Circuit 
Court of Appeals \3\ directed first sellers under the NGPA to make 
Kansas ad valorem tax refunds, with interest, for the period from 1983 
to 1988. The Commission's September 10 order also provided that first 
sellers could, with the Commission's prior approval, amortize their 
Kansas ad valorem tax refunds over a 5-year period, although interest 
would continue to accrue on any outstanding balance.
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    \3\ 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) (Public Service).
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    Trich states that he is a retired, former producer that has not 
operated oil and gas wells since 1989, and has not been engaged in gas 
sales since that time. Trich also states that the six Kansas leases 
were sold for salvage in 1987 and 1988. Trich adds that there are 85 
other working, royalty, and overriding royalty interest owners in the 
subject leases. Trich states that his own interest in the subject 
leases amounts to $2,473.40 of the principal identified by Panhandle, 
and $5,181.25 of the interest. Trich states that he billed the 
individuals and companies that were interest owners in the subject 
leases, and has since received four checks totaling $407.20. Trich 
states that he is sending those payments to Panhandle.
    Trich asserts that he has made a good-faith effort to recover the 
refunds owned by the other working, royalty and overriding royalty 
interest owners, and requests to be relieved: (1) Of his obligation to 
make Kansas ad valorem tax refunds to Panhandle; and (2) the obligation 
to make such refunds on behalf of the other working, royalty, and 
overriding royalty interest owners, on the basis that paying the 
refunds would cause him a special hardship.
    Any person desiring to be heard or to make any protest with 
reference to said petition 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, 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 384.214, 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.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-5374 Filed 3-2-98; 8:45 am]
BILLING CODE 6717-01-M