[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]


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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.
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    \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).
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    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