[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Page 14444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7774]
[[Page 14444]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-22-000]
Sally L. Bone; Notice of Petition for Adjustment
March 19, 1998.
Take notice that on March 9, 1998, Sally L. Bone (Mrs. 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. GP97-3-000, GP97-
4-000, GP97-5-000 , and RP97-369-000.\2\ Mrs. Bone's 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'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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Mrs. Bone states that the wells in question are the Sudan, Porter,
Pinegar, Moyer, Campbell and Williamson located in Kearny County,
Kansas. Mrs. Bone owes $104,608.92 to the Enron Corporation (Enron) for
the Kansas ad valorem tax refund.
Mrs. Bone states that the Commission will need to resolve a
potential dispute between her and Enron as to there being another
working interest holder involved in four of the six wells in question.
Mrs. Bone objects to paying this person's share of the property tax
reimbursement and requests that Enron be ordered to bill the other
working interest holder directly. She states that Enron should also
bill all royalty interest owners for that person's share of the
property tax reimbursement for the same reasons. Mrs. Bone states that
Enron made disbursements to all working interest and royalty owners
during the time in question.
Mrs. Bone states that she has requested from Enron additional
information as to Enron's having made royalty payments directly to
royalty interest holders for every well except the Sudan. She is
requesting more details on the royalty owners for the entire time in
question and based on that information Mrs. Bone can then determine
whether any claims against royalty holders are collectible. Mrs. Bone
states that a reimbursement was made on May 13, 1986 not January 18,
1986 as Enron had reported and she is requesting that Enron refigure
the interest computation from May 13, 1986. Mrs. Bone has requested
that Enron investigate the fact that there was another working interest
holder in four of the wells. Mrs. Bone has requested more detailed
information about the maximum lawful prices determined and was paid for
gas during the subject years. Mrs. Bone states that until these
questions are satisfactorily resolved, the $104,608.82 will not be paid
to Enron. Mrs. Bone requests that the Commission grant staff adjustment
and dispute resolution in connection with the Statement of Refunds Due
submitted by Enron to her on November 10, 1997. Mrs. Bone states that
the sums are in dispute and is asking for a determination that she
should not be responsible for the amount until additional information
has been received from Enron.
Any person desiring to be heard or to make a 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 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 must file a motion to
intervene in accordance with the Commission's Rules.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-7774 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M