[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14441-14442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7796]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-57-000]


Benson Mineral Group, Inc.; Notice of Petition for Adjustment and 
Request for Extension of Time

March 19, 1998.
    Take notice that on March 9, 1998, Benson Mineral Group, Inc. (BMG) 
filed a petition for adjustment and a request for extension of time 
under section 502(c) of the Natural Gas Policy Act of 1978 (NGPA), 
requesting an adjustment to its obligation to make Kansas ad valorem 
tax refunds to KN Interstate Gas Transmission Company (KN), all as more 
fully set forth in the petition which is on file with the Commission 
and open to public inspection.

[[Page 14442]]

    It is stated that BMB's petition is filed in response to the 
Commission's September 10, 1997, order in Docket Nos. RP97-369-000, 
GP97-3-000, GP97-5-000 \1\ on remand from the D.C. Circuit Court of 
Appeals \2\, which directed first sellers under the NGPA to make Kansas 
ad valorem tax refunds, with interest, for the period from 1983 to 
1988.
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    \1\ See 80 FERC para. 61,264 (1997); order denying reh'g issued 
January 28, 1998, 82 FERC para. 61,058 (1998).
    \2\ 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).
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    BMG requests that the Commission grant an adjustment to its 
procedures to allow First Sellers to place into an escrow account the 
disputed amount of the refund set forth in the Statement of Refunds Due 
(SRD) from KN,\3\ and, after resolution of the dispute, to retain in 
the account (a) principal and interest on amounts attributable to 
production prior to October 4, 1983, and (b) interest on all reimbursed 
principal amount determined to be refundable as being in excess of 
maximum lawful prices (excluding interest retained under (a)) above. It 
is stated that the SRD received from KN was $39,853.44, including 
interest accrued through November 30, 1997.
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    \3\ See Docket No. RP98-53-000.
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    BMG also requests an extension of time to permit an additional 90 
days to resolve any dispute as to the correct amount of its actual 
refund liability and to reach an agreement on the amount before 
submitting the dispute to the Commission.
    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, and385.1106). 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. 98-7796 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M