[Federal Register Volume 63, Number 64 (Friday, April 3, 1998)]
[Notices]
[Page 16488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8712]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket Nos. SA98-45-001 and SA98-45-002]


Molz Oil Company; Notice of Amendment To Petition for Adjustment 
and Request for Extension of Time

March 30, 1998.
    Take notice that, on March 13, 1998 (Docket No. SA98-45-001) and 
March 20, 1998 (Docket No. SA98-45-002), Molz Oil Company (Molz) filed 
supplements amending its March 9, 1998 petition for adjustment and 
request for a 90-day extension of time to resolve a dispute with 
Williams Gas Pipelines Central, Inc., formerly: Williams Natural Gas 
Company (Williams), over the amount of Kansas ad valorem tax refunds 
owed by Molz's First Sellers, filed in Docket No. SA98-45-000. The 
supplements add three First Sellers--Dean Courson, Bob Watts, and 
Mollie Watts--to the list of First Sellers represented by Molz's March 
9 petition and revise the amount reported to be in dispute with 
Williams. The March 9 petition and March 13 and March 20 supplements 
amending the March 9 petition are on file with the Commission and open 
to public inspection.
    Molz filed the March 9 petition pursuant to Section 502(c) of the 
Natural Gas Policy Act of 1978 (NGPA), on behalf of Molz and First 
Sellers Donald Albers, Darry Brown, Rick Caruthers, Judy Courson, 
Donald E. Evans, Helen Evans, K. B. Evans, Martha Evans, Beverly Molz, 
Jim Molz, Ben Rathgeber, Bob and Lometa Rathgeber, Lamoine Schrock, R. 
K. Sweetman and Westmore Drilling Co. i.e., the working interest owners 
for whom Molz operated.
    Molz filed the March 9 petition in response to the Commission's 
September 10, 1997, order in Docket No. RP97-369-000 et al.\1\ on 
remand from the D.C. Circuit Court of Appeals,\2\ which directed first 
sellers to make Kansas ad valorem tax refunds, with interest, for the 
period from 1983 to 1988. Molz requests the Commission: (1) to grant a 
procedural adjustment, allowing Molz and the listed First Sellers (as 
amended) to place into an escrow account the disputed amount of the 
refund set forth in the Statement of Refunds Due that Williams filed in 
Docket No. RP98-52-000; (2) to allow Molz (following resolution of the 
dispute) to retain in that account (a) the principal and interest on 
amounts attributable to production prior to October 4, 1983, and (b) 
the interest on all reimbursed principal determined to be refundable as 
being in excess of maximum lawful prices, excluding interest retained 
under (a) above; and (3) to find that Molz is not a working interest 
owner or First Seller of the production with respect to which the tax 
reimbursements were made, such that Molz has no refund liability under 
the Statement of Refunds Due filed by Williams in Docket No. RP98-52-
000.
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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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    Molz's March 9 petition stated that Williams' Statement of Refunds 
Due was in the amount of $93,447.06, including interest accrued through 
December 31, 1997, of which $35,727.19 was in dispute. Molz's March 13 
supplement amended the disputed amount, increasing it to $81,337.12, 
including interest accrued through March 9, 1998. Molz's March 20 
supplement amended the disputed amount again, increasing it to 
$86,222.68, including interest accrued through March 9, 1998. Molz 
identifies Ronald and Kristi Molz and Marvin Miller as working interest 
owners in its March 13 and March 20 supplements (although they are not 
listed as First Sellers). Molz further states in both supplements that, 
because of financial hardship, Ronald and Kristi Molz and Marvin Miller 
have deposited only the principal amount attributable to their 
respective working interest shares of the refund claimed by Williams, 
and that the claimed interest for Ronald and Kristi Molz that has not 
been deposited totals $2,963.19, while the claimed interest for Marvin 
Miller that has not been deposited totals $117.95.
    Any person desiring to answer Molz's March 13 and March 20 
amendments should file such answer with the Federal Energy Regulatory 
Commission, 888 First Street, N.E., Washington, D.C. 20426, on or 
before April 20, 1998, in accordance with the Commission's Rules of 
Practice and Procedure (18 CFR 385.213, 385.215, 385.1101, and 
385.1106).
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-8712 Filed 4-2-98; 8:45 am]
BILLING CODE 6717-01-M