[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Page 14455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7788]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. SA98-47-000]
Quinque Operating Company; Notice of Petition for Adjustment
March 19, 1998.
Take notice that on March 9, 1998, Quinque Operating Company
(Quinque) and certain working interest owners for whom it operated,\1\
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 Quinque's Kansas
ad valorem tax refund liability.
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\1\ First Sellers are Quinque Oil & Gas Production Co., Quinque
Operating Company, John W. Moore, John W. Moore Trust, Margaret C.
Moore, Michael Moore, David O. Wilson, Jack E. Engel Estate, J&J
EAnterprises, Lyle Pringle Estate, Winifred Pringle, C. Dale
Stromquist, Clarence and Margaret Hoeme, Robert L. And Audrey Rice,
George Rosel Estate, Robert Hatcher Estate, and Benjamin and
Margaret Zane.
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The Commission's September 10, 1997 order on remand from the D.C.
Circuit Court of Appeals,\2\ in Docket No. RP97-369-000 et al,\3\
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 (1998)], 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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\2\ 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).
\3\ 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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Quinque requests that the Commission:
(1) Grant an extension of 90 days to allow First Sellers and
Panhandle Eastern Pipe Line Company (PEPL) to resolve any dispute as to
the proper amount of the refund liability of First Sellers for the
Kansas ad valorem tax reimbursements set forth in the Statement of
Refunds Due (SRD) addressed to Quinque, or to submit such dispute to
FERC for resolution if the parties cannot resolve it within such time,
and
(2) In order to stop the accrual of interest pending resolution of
disputes and legal issues, grant an adjustment to its procedures to
allow First Sellers to place into an escrow account not only any
disputed amount of the refund by PEPL but also
(i) principal and interest on amounts of tax reimbursements
received in years after the subject wells were deregulated, and
(ii) interest on all principal amounts refunded to PEPL.
Quinque also requests that it be determined that it has no
liability under the SRD except as to amounts attributable solely to its
own working interest.
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 in accordance with the
Commission's Rules.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-7788 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M