[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Notices]
[Page 64075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30818]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA99-1-000]


Burlington Resources Oil & Gas Company; Notice of Petition for 
Adjustment

November 12, 1998.
    Take notice that on October 30, 1998, Burlington Resources Oil & 
Gas Company (Burlington), filed a petition for adjustment under section 
502(c) of the Natural Gas Policy Act of 1978 (NGPA), requesting an 
order from the Commission finding that Burlington has no Kansas ad 
valorem tax refund liability to Panhandle Eastern Pipe Line Company 
(Panhandle), under the Commission's September 10, 1997 order in Docket 
No. RP97-369-000 et al.\1\ Burlington's petition is on file with the 
Commission and open to public inspection.
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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).
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    The Commission's September 10 order on remand from the D.C. Circuit 
Court of Appeals \2\ directed First Sellers under the NGPA to make 
Kansas ad valorem tax refunds, with interest, for the period from 1983 
to 1988.
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    \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) (Public Service).
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    Panhandle served Southland Royalty Company (Southland) with a 
Kansas ad valorem tax refund claim. Burlington states that Southland 
was merged into Burlington on January 1, 1996, i.e., Burlington is 
Southland's successor.
    Burlington further states that Southland entered into a November 
24, 1992 Letter Agreement with Panhandle, which terminated the 
applicable Gas Purchase Agreements giving rise to Southland's refund 
obligation to Panhandle. Burlington adds that Paragraph 7 of that 
Letter Agreement released the parties from any claims under those 
contracts. In view of this, Burlington contends that Panhandle's Kansas 
ad valorem tax refund claim is a claim against Southland that relates 
to the Southland-Panhandle contracts and that, as such, Panhandle 
assumed the risk of and liability for the subject refunds. Accordingly, 
Burlington contends that it does not owe any refunds to Panhandle.
    Any person desiring to be heard or to make any protest with 
reference to said petition 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, 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. 98-30818 Filed 11-17-98; 8:45 am]
BILLING CODE 6717-01-M