[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Page 14443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7773]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-21-000]
Sally L. Bone; Notice of Petition for Adjustment and Dispute
Resolution Request
March 19, 1998.
Take notice that on March 9, 1998, Sally L. Bone (Ms. Bone) filed a
petition for adjustment under section 502(c) of the Natural Gas Policy
Act of 1978 (NGPA),\1\ and a dispute resolution request, with respect
to its Kansas ad valorem tax refund liability under the Commission's
September 10, 1997 order in Docket Nos. RP97-369-000, GP97-3-000, GP97-
4-000, and GP97-5-000.\2\
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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 issued a January 28, 1998 order in Docket No.
RP98-39-001, et al. (January 28 Order),\4\ clarifying the refund
procedures, stating that producers could request additional time to
establish the uncollectability of royalty refunds, and that first
seller may file requests for NGPA section 502(c) adjustment relief from
the refund requirement and the timing and procedures for implementing
the refunds, based on the individual circumstances applicable to each
first seller.
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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).
\4\ 82 FERC para. 61,059 (1998).
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Ms. Bone requests that the Commission resolve any potential dispute
between Ms. Bone and The Williams Companies, Inc. (Williams), finding
that Ms. Bone has no liability for reimbursement of Kansas ad valorem
taxes paid over the period 1983 to 1988. In support of her claim of no
liability Ms. Bone states the following: (1) She acquired the well in
question from the estate of Cloris L. Dale on or about August 24, 1992,
therefore not owning any type of interest in the well during the years
in question. (2) Cloris L. Dale is deceased and her probate estate was
closed on August 14, 1992, and that such claims against Cloris L.
Dale's estate are barred. (3) The language of a Final Court Settlement
states, All demands against the estate have been paid as authorized by
law or by the orders of this Court; the time for filing demands has
expired, further stating Sally L. Dale Bone shall be released from any
further liability. (4) Ms. Bone further states that Cloris L. Dale did
not hold the entire working interest in the well in question, stating
that the other working interest was held by one Dale Taylor. Ms. Bone
questions if Williams should directly bill Mr. Taylor for his share of
the tax reimbursement, as to his working interest.
Based on the above information Ms. Bone believes the monies
requested by Williams to be legally uncollectible, and request such
relief from the demand by Williams. Ms. Bone asserts that it would be
inequitable and unfair for the Commission to require Ms. Bone to make
refunds to Williams.
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, 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,
Acting Secretary.
[FR Doc. 98-7773 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M