[Federal Register Volume 63, Number 240 (Tuesday, December 15, 1998)]
[Notices]
[Pages 69067-69068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33144]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA99-6-000]


Harken Energy Corporation; Notice of Petition for Dispute 
Resolution or, Alternatively, for Adjustment

December 9, 1998.
    Take notice that on November 17, 1998, Harken Energy Corporation 
(Harken) filed a petition pursuant to section 502(c) of the Natural Gas 
Policy Act of 1978 (NGPA), requesting that the Commission resolve the 
dispute between Harken's wholly-owned subsidiary--Kennedy & Mitchell, 
Inc. (KMI)--and Northern Natural Gas Company (Northern) over whether 
KMI owes Northern any Kansas ad valorem tax refunds or, in the 
alternative, for

[[Page 69068]]

relief from paying Kansas ad valorem tax refunds to Northern, under the 
Commission's September 10, 1997 order in Docket No. RP97-369-000, et 
al. [80 FERC para. 61,264 (1977); rehearing denied, 82 FERC para. 
61,058 (1998)]. The September 10 order directed First Sellers under the 
NGPA to make Kansas ad valorem tax refunds, with interest, for the 
period from 1983 to 1988. Harken's petition is on file with the 
Commission and open to public inspection.
    Harken contends that KMI has no Kansas ad valorem refund liability 
to Northern for the period from 1983-1988, due to a 1990 Settlement 
between KMI and Northern, the provisions of which release KMI and 
Northern from any future claims against one another, including refund 
claims.
    Should the Commission hold that the 1990 Settlement does not 
relieve KMI/Harken from making Kansas ad valorem tax refunds to 
Northern, Harken requests that the Commission grant refund relief to 
KMI/Harken on equity grounds, due to KMI and Harken's good faith 
reliance upon the provisions of the 1990 Settlement. Harken asserts 
that to deny such relief would cause KMI/Harken an undue hardship, 
inequity, and an unfair distribution of burdens.
    Harken asserts that it would be inequitable and an unfair 
distribution of burdens to require KMI/Harken to make these refunds, 
when KMI/Harken negotiated the 1990 Settlement with Northern, in good 
faith, and because there was no exclusion in the provisions of the 1990 
Settlement for Kansas ad valorem refunds. Harken further argues that it 
would be inequitable and an unfair distribution of burdens to leave 
Northern whole, while requiring KMI/Harken to make the subject refunds.
    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, 888 First Street, NE., 
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.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-33144 Filed 12-14-98; 8:45 am]
BILLING CODE 6717-01-M