[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Notices]
[Page 34645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16888]



[[Page 34645]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. GP98-37-000]


James E. Silver; Notice of Petition for Clarification

June 19, 1998.
    Take notice that, on June 15, 1998, James E. Silver (Silver) filed 
a letter petitioning the Commission to clarify whether the Commission 
will direct Williams Gas Pipelines Central, Inc., formerly: Williams 
Natural Gas Company (Williams) to return certain Kansas ad valorem tax 
refunds that Silver paid to Williams on behalf of certain royalty 
interest owners, where Silver has since been unable to recover the 
refunds he paid on behalf of certain royalty owners, from those royalty 
owners. Silver's 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.
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    \1\ See 80 FERC para. 61,264 (1997); order denying rehearing 
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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    Silver indicates that he is the Managing Partner of Olympic 
Petroleum Company (Olympic), and that Williams notified him that 
Olympic owed $85,787.27 in Kansas ad valorem tax refunds to Williams 
($34,877.98 in principal and $50,909.29 in interest). Silver states 
that he paid this sum to Williams, in full. Silver also indicates that 
$15,453.64 of this total represents refunds attributable to royalty 
owners that he paid on behalf of the royalty owners. Silver states that 
he has been unable to recover $10,281.37 from certain royalty owners, 
and sets forth the amount of unrecovered refunds, along with the reason 
he has been unable to recover those refunds from the royalty owners, as 
follows: (1) $8,441.53 represents ten (10) royalty owners that have 
failed to respond to letters and phone calls; (2) $210.32 represents a 
single royalty owner who's address is unknown; (3) $818.57 represents a 
single royalty owner who has petitioned the Commission (in Docket No. 
SA98-79-000) for relief from the refund requirement; and $810.95 
represents five (5) royalty owners who are deceased and their estates 
closed. In review of this, Silver requests the Commission to clarify 
whether the Commission will consider returning (i.e., whether the 
Commission will consider directing Williams to return):
    (1) The $810.95 Silver paid on behalf of deceased royalty owners 
and, if so, what the procedures are for requesting such consideration;
    (2) the $210.32 Silver paid on behalf of the royalty owner whose 
address is unknown; and
    (3) the $818.57, in the event that the Commission grants the 
royalty owner's appeal in Docket No. SA98-79-000 and, if so, what the 
procedure is for doing so.
    In addition, Silver requests the Commission to clarify whether the 
Commission's September 10, 1997 refund order affords Silver any 
authority or legal power to recover the $8,441.53 in refunds that he 
paid on behalf of the 10 royalty owners who have since refused to 
respond to his requests to be reimbursed for the refunds he made on 
their behalf.
    Any person desiring to comment on or make any protest with respect 
to the above-referenced petition should, on or before July 10, 1998, 
file with the Federal Energy Regulatory Commission, 888 First Street, 
N.E., Washington, D.C., 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. 98-16888 Filed 6-24-98; 8:45 am]
BILLING CODE 6717-01-M