[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Notices]
[Page 31972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15518]



[[Page 31972]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. GP98-30-000]


Barbara J. Wilson, Inc., et al.; Notice of Petition for Dispute 
Resolution

June 5, 1998.
    Take notice that, on June 2, 1998, Barbara J. Wilson, Inc., the 
Estate of Barbara J. Wilson, Rings of Saturn, Inc., and Joyce A. Mims 
(collectively: Applicants) filed a petition requesting the Commission 
to resolve any potential dispute they have with Northern Natural Gas 
Company (Northern) as to whether Applicants owe Northern any Kansas ad 
valorem tax refunds. Applicants request that the Commission find that 
they have no Kansas ad valorem tax refund liability to Northern for the 
period from 1983 to 1988, based on a March 27, 1990 Settlement 
Agreement between Applicants and Northern (1990 Settlement). 
Applicants' petition is on file with the Commission and open to public 
inspection.
    The Commission, by 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\ required first sellers to refund the Kansas ad valorem tax 
reimbursements to the pipelines, with interest, for the period from 
1983 to 1988. In its January 28, 1998 Order Clarifying Procedures [82 
FERC para. 61,059 (1998)], the Commission stated that producers (i.e., 
first sellers) could file dispute resolution requests with the 
Commission, asking the Commission to resolve the dispute with the 
pipeline over the amount of Kansas ad valorem tax refunds owed.
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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. 1996), cert. denied, Nos. 96-954 and 96-1230 (65 U.S.L.W. 3751 
and 3754, May 12, 1997).
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    Applicants state that Northern has attempted to collect Kansas ad 
valorem tax refunds from them for the period from 1983 to 1988. 
Applicants contend that these efforts are a breach of their 1990 
Settlement with Northern, because the 1990 Settlement released 
Applicants and Northern from all claims against each other relating to 
Applicants' gas purchase contract with Northern. Applicants also state 
that they have placed the principal and interest involved into an 
escrow account, and request that, if necessary, the Commission 
authorize Applicants to place these sums into the escrow account, 
pending resolution of their dispute with Northern. If the Commission 
does not issue a summary ruling in Applicants' favor, Applicants 
alternatively request permission to file briefs to fully advise the 
Commission of their position.
    Any person desiring to comment on or make any protest with respect 
to the above-referenced petition should, on or before June 26, 1998, 
file with the Federal Energy Regulatory Commission, 888 First Street, 
NE., Washington, DC 20426, a motion to intervene or protest in 
accordance with the requirements of the Commission's Rules of Practice 
and Procedure (18 CFR 385.214 or 385.211). 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 the 
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. 98-15518 Filed 6-10-98; 8:45 am]
BILLING CODE 6717-01-M