[Federal Register Volume 63, Number 145 (Wednesday, July 29, 1998)]
[Notices]
[Page 40517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20206]



[[Page 40517]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket Nos. SA98-86-000, SA98-87-000, SA98-88-000, SA98-89-000, SA98-
90-000, SA98-91-000 (Not Consolidated)]


Beren Corporation; Notice of Petitions for Dispute Resolution and 
Adjustment

July 23, 1998.
    Take notice that on June 30, 1998, Beren Corporation (Beren) filed 
the above-referenced petitions, pursuant to section 502(c) of the 
Natural Gas Policy Act of 1978. Beren's petitions, for various reasons, 
reject (in whole or in part) the Kansas ad valorem tax refund claims 
made by the pipelines listed below.

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                 Pipeline                            Docket No.         
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ANR Pipeline Company.....................  SA98-86-000                  
Williams Gas Pipelines Central, Inc......  SA98-87-000                  
Colorado Interstate Gas Company..........  SA98-88-000                  
K N Interstate Gas Transmission Company..  SA98-89-000                  
Panhandle Eastern Pipe Line Company......  SA98-90-000                  
Northern Natural Gas Company.............  SA98-91-000                  
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    If adjustment relief becomes necessary (i.e., if the Commission 
determines that Beren owes Kansas ad valorem tax refunds to one or more 
of the subject pipelines), Beren requests to be relieved from making 
the refunds attributable to royalties, on the ground that such refunds 
are now uncollectible. Beren asserts uncollectability based on various 
factors, including the death of certain royalty interest owners and the 
enactment of section 7 of House Bill No. 2419, by the State of Kansas. 
Beren's petitions are on file with the Commission and they are 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\ directed First Sellers to make Kansas ad valorem tax 
refunds, with interest, to the appropriate pipelines, 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); rehearing denied 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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    Any person desiring to be heard or to make any protest with 
reference to any of these petitions 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.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-20206 Filed 7-28-98; 8:45 am]
BILLING CODE 6717-01-M