[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14451-14452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7771]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-17-000]


Midgard Energy Company; Notice of Petition for Adjustment

March 19, 1998.
    Take notice that on March 6, 1998, Midgard Energy Company (Midgard) 
filed a petition for adjustment under section 502(c) of the Natural Gas 
Policy Act of 1978 (NGPA),\1\ requesting the grant of a procedural 
adjustment in connection with its refund liability to Panhandle Eastern 
Pipe Line Company (Panhandle) for reimbursement of Kansas ad valorem 
taxes, as required by the Commission's September 10, 1997 order in 
Docket Nos. GP97-3-000, GP97-4-000, GP97-5-000, RP97-369-000.\2\ This 
petition is on file with the Commission and open to public inspection.
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    \1\ 15 U.S.C. 3142(c) (1982).
    \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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    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 clarified the refund procedures in its Order in 
Northern Natural Gas Company,\4\ stating that it would grant extension 
of the refund due date for royalty refunds if a producer requests such 
an extension. In addition, the Commission indicated in its January 28th 
Order that it would consider adjustment requests as to the refund 
amounts and the refund procedures.
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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).
    \4\ 82 FERC para.61,059 (1998).
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    Midgard requests authorization to place into an escrow account both 
the principal and interest on pre-October 3, 1983 production and the 
interest on its remaining refunds to Panhandle. Midgard argues that it 
seeks to establish this procedure to ensure that it pays only that 
which is legitimately owed, and that if it is subsequently determined 
that it has no refund liability for interest or pre-October 3, 1983, 
production, it can recover the overpayment.
    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, 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

[[Page 14452]]

in accordance with the Commission's Rules.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-7771 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M