[Federal Register Volume 63, Number 158 (Monday, August 17, 1998)]
[Notices]
[Page 43920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21974]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-94-000]


McGiness Oil Company; Notice of Petition for Dispute Resolution 
and Adjustment

August 11, 1998.
    Take notice that on July 8, 1998, McGiness Oil Company (McGiness) 
filed the above-referenced petition, pursuant to section 502(c) of the 
Natural Gas Policy Act of 1978. McGiness' petition rejects the Kansas 
ad valorem tax refund claims made by Panhandle Eastern Pipeline Company 
(PEPL), because PEPL has failed to demonstrate that the amount received 
by McGiness, inclusive of Kansas ad valorem tax reimbursement, exceeded 
an applicable maximum lawful price under the NGPA. If adjustment relief 
becomes necessary (i.e., if the Commission determines that McGiness 
owes Kansas ad valorem tax refunds to PEPL), McGiness requests to be 
relieved from making the refunds attributable to royalties, on the 
ground that such refunds are now uncollectible. McGiness asserts 
uncollectability based on the enactment of section 7 of House Bill No. 
2419, by the State of Kansas. McGiness' 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.
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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,
Secretary.
[FR Doc. 98-21974 Filed 8-14-98; 8:45 am]
BILLING CODE 6717-01-M