[Federal Register Volume 63, Number 158 (Monday, August 17, 1998)]
[Notices]
[Page 43918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21972]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-92-000]


Broadhurst Operating Limited Partnership No. 2, Broadhurst 
Operating Limited Partnership No. 3, and Ralph Howard, Inc., Notice of 
Petition for Adjustment

August 11, 1998.
    Take notice that on July 7, 1998, Broadhurst Operating Limited 
Partnership No. 2, Broadhurst Operating Limited Partnership No. 3, and 
Ralph Howard, Inc. (Producers) filed the above-referenced petition, 
pursuant to section 502(c) of the Natural Gas Policy Act of 1978. 
Eastman Dillon's petition requesting that the Commission grant a waiver 
of refunds of Kansas ad valorem tax reimbursement. Producers' petition 
is on file with the Commission and is 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. 
Additionally, the Commission indicated that it would grant extension of 
the refund due date for royalty refunds if a producer requests such an 
extension. Also the Commission's January 28 order states that it would 
consider adjustment requests as to the refund amounts and the refund 
procedures.
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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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    Producers specifically request that the Commission allow them to 
place into an escrow account the following potential non-royalty 
refunds to Northern Natural Gas Company (Northern) and Colorado 
Interstate Gas Company (CIG): (a) the principal and interest amount of 
refunds attributable to production prior to October 3, 1983; (b) the 
interest due on principal refunds (other than pre-October 3, 1983, 
production refunds); and (c) the principal refunds (other than pre-
October 3, 1983, production refunds). Producers further request that 
the Commission grant a one year deferral of such royalty refunds to 
July 7, 1999, to allow Producers additional time to seek recovery.
    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, DC 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,
Secretary.
[FR Doc. 98-21972 Filed 8-14-98; 8:45 am]
BILLING CODE 6717-01-M