[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Notices]
[Pages 15186-15187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8169]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-67-000]


John O. Farmer, Inc.; Notice of Petition for Adjustment

March 24, 1998.
    Take notice that on March 11, 1998, John O. Farmer, Inc. (Farmer) 
filed a petition for adjustment under section 502(c) of the Natural Gas 
Policy Act of 1978 (NGPA),\1\ for KN Interstate Gas Transmission 
Company with respect to its Kansas ad valorem tax refund liability 
under the Commission's September 10, 1997 order in Docket Nos

[[Page 15187]]

RP97-369-000, GP97-3-000, GP97-4-000, and GP97-5-000.\2\
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    \1\ 15 U.S.C. 3142(c) (1982).
    \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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    The Commission's September 10 order on remand from the D.C. Circuit 
Court of Appeals \3\ directed first sellers under the NGPA to make 
Kansas ad valorem tax refunds, with interest, for the period from 1983 
to 1988. The Commission issued a January 28, 1998 order in Docket No. 
RP98-39-001, et al. (January 28 Order),\4\ clarifying the refund 
procedures, stating that producers could request additional time to 
establish the uncollectability of royalty refunds, and that first 
seller 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 the individual circumstances applicable to each 
first seller.
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    \3\ 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).
    \4\ 82 FERC para. 61,059 (1998).
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    Farmer states that it is an operator of natural gas production and 
also owns working interests in said wells along with numerous other 
working interest owners in Kansas, which was subject to that state's ad 
valorem tax during the period 1983 through 1988.
    Farmer requests that the pipeline be directed to tender a revised 
statement of refunds to Farmer and separate statements to the other 
individual working interest owners. Farmer states that it will work 
with the pipeline to provide sufficient information to prepare separate 
statements. Farmer also requests an adjustment to its procedures to 
allow Farmer to place in an interest bearing fund over which Farmer 
would maintain control. Farmer requests that the Commission provide for 
protective language to clarify that any amounts paid would be refunded 
with 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. 98-8169 Filed 3-27-98; 8:45 am]
BILLING CODE 6717-01-M