[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Notices]
[Pages 23766-23767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11464]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-82-000]


Helmerich & Payne, Inc.; Notice of Petition for Adjustment

April 24, 1998.
    Take notice that on April 21, 1998, Helmerich & Payne, Inc. (H&P), 
filed a petition, pursuant to section 502(c) of the Natural Gas Policy 
Act of 1978, on behalf of Ivy League, Inc. (Ivy), one of

[[Page 23767]]

the working interest owners for whom H&P operated. Therein, H&P 
requests that the Commission grant an adjustment of its Kansas ad 
valorem tax refund procedures to Ivy, with respect to Ivy's refund 
liability to Colorado Interstate Gas Company (CIG) and Northern Natural 
Gas Company (Northern). H&P's petition is on file with the Commission 
and open to public inspection.
    The Commission, in an order issued September 10, 1997, in Docket 
No. RP97-369-000 et al,\1\ on remand from the D.C. Circuit Court of 
Appeals,\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\ 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 versus 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).
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    H&P states that Ivy seeks an adjustment of the Commission's refund 
procedures that:
    (1) permits Ivy to defer, for one year, the payment of the royalty 
amounts that it owes Northern and CIG; and
    (2) permits Ivy to escrow (a) the principal and interest on royalty 
refunds (during the 1-year deferral period), (b) the principal and 
interest on refunds attributable to production prior to October 3, 
1983, and (c) the interest on principal refunds, other than the amounts 
listed in (a) and (b) above.
    H&P proposes, under the terms of the adjustment relief requested, 
that Ivy be permitted to pay $50,231.89 into escrow, representing (a) 
principal and interest on royalties, (b) principal and interest on pre-
October 3, 1983 production. H&P further proposes that Ivy be permitted 
to pay CIG and Northern $9,633.77 and $4,148.46, respectively 
($13,782.23 in all), representing Ivy's principal refunds on post-
October 3, 1983 production.
    H&P asserts that it would be an unfair distribution of burden, if 
the adjustment relief it requests on behalf of Ivy is not granted by 
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, 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.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-11464 Filed 4-29-98; 8:45 am]
BILLING CODE 6717-01-M