[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Page 14452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7785]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-44-000]
Molz Oil Company; Notice of Petition for Adjustment and Request
for Extension of Time
March 19, 1998.
Take notice that on March 9, 1998, Molz Oil Company (Molz) filed a
petition, pursuant to section 502(c) of the Natural Gas Policy Act of
1978 (NGPA), for an adjustment of the Commission's refund procedures
[15 U.S.C. 3142(c)(1982)] with respect to Molz's Kansas ad valorem tax
refund liability. Molz's petition is on file with the Commission and
open to public inspection.
The Commission's September 10, 1997, order on remand from the D.C.
Circuit Court of Appeals,\1\ in Docket No. RP97-369-000, et al.,\2\
directed first sellers 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 Clarifying Procedures [82 FERC para.
61,059 (1988)], stating therein that producers [first sellers] could
request additional time to establish the uncollectability of royalty
refunds, and that first sellers 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 their individual
circumstances.
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\1\ Public Service Company of Colorado v. FERC, 91 F.3d 1478
(D.C. Cir. 1996), cert. denied, 65 U.S.L.W. 3751 and 3754 (May 12,
1997) (Nos. 96-954 and 96-1230).
\2\ See 80 FERC para. 61,264 (1997); order denying reh'g, 82
FERC para. 61,058 (1998).
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Molz requests, on behalf of first sellers for whom it operated
(First Sellers), that the Commission: (1) Extend the time by 90 days
from March 9, 1998, in which to obtain the necessary documents and
information to determine if the amount of refund set forth in the
Statement of Refunds Due [SRD] received from Panhandle Eastern Pipe
Line Company [Docket No. RP98-40-000] is correct and to reach an
agreement on the amount before submitting the dispute to the
Commission; and (2) grant an adjustment to its procedures to allow
First Sellers to place into an escrow account the disputed amount of
the refund, and, after the resolution of the dispute, retain in the
account (i) principal and interest on amounts attributable to
production prior to October 4, 1983, and (ii) interest on all
reimbursed principal amounts determined to be refundable as being in
excess of maximum lawful prices (excluding interest retained under (i)
above). Molz also requests a determination that it is liable solely for
its proportionate share of the tax refunds.
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.W.,
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 in accordance with the
Commission's Rules.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-7785 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M