[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Notices]
[Pages 31975-31976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15519]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. GP98-35-000]


Ethel Huffman McKee, Paul R. Gougelman III, Grace & Franklin 
Bernsen Foundation, and Craig Henderson; Notice of Petition for Dispute 
Resolution

June 5, 1998.
    Take notice that, on June 2, 1998, Ethel Huffman McKee, Paul R. 
Gougelman III, Grace & Franklin Bernsen Foundation, and Craig Henderson 
(collectively: Applicants) filed a petition requesting the Commission 
to resolve any potential dispute they have with Panhandle Eastern Pipe 
Line Company (Panhandle) as to whether Applicants owe Panhandle any 
Kansas ad valorem tax refunds. Applicants request that the Commission 
find that they have no Kansas ad valorem tax refund liability to 
Panhandle for the period from 1983 to 1988, based on a July 23, 1990 
Settlement Agreement between Applicants and Panhandle (1990 
Settlement). Applicants' petition is on

[[Page 31976]]

file with the Commission and open to public inspection.
    The Commission, by order issued September 19, 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 Panhandle 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 Panhandle, because the 1990 Settlement released 
Applicants and Panhandle from all claims against each other relating to 
Applicants' gas purchase contract with Panhandle. 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 Panhandle. Applicants also 
request that the Commission establish a briefing schedule so that 
Applicants can 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. 98-15519 Filed 6-10-98; 8:45 am]
BILLING CODE 6717-01-M