[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)] [Notices] [Pages 14442-14443] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-7798] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. SA98-59-000] Benson Mineral Group, Inc.; Notice of Petition for Adjustment March 19, 1998. Take notice that on March 9, 1998, Benson Mineral Group, Inc. (Benson--First Seller), 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 Benson's Kansas ad valorem tax refund liability. The Commission's September 10, 1997 order on remand from the D.C. Circuit Court of Appeals,\1\ in Docket No. [[Page 14443]] 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 (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. --------------------------------------------------------------------------- \1\ 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). \2\ See 80 FERC para. 61,264 (1997); order denying reh'g issued January 28, 1998, 82 FERC para. 61,058 (1998). --------------------------------------------------------------------------- Benson requests that the Commission: (1) Grant an extension of 90 days to allow First Sellers and Williams Natural Gas Company (Williams) 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 First Seller, 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 Williams but also principal and interest on amounts attributable to production prior to October 4, 1983, interest on all other amounts claimed to be due under the SRD. First Seller 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, 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. 98-7798 Filed 3-24-98; 8:45 am] BILLING CODE 6717-01-M