[Federal Register Volume 67, Number 127 (Tuesday, July 2, 2002)]
[Notices]
[Page 44439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16623]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP02-365-000]


Northern Natural Gas Company; Notice of Petition for Declaratory 
Order

June 26, 2002.
    Take notice that on June 5, 2002, Northern Natural Gas Company 
(Northern), filed a Petition for Declaratory Order requesting that the 
Commission find that: (1) the Commission did not direct Northern to 
make Kansas ad valorem tax refunds to its non-jurisdictional customers; 
and, (2) Northern is not in violation of any Commission ad valorem tax 
refund orders.
    Northern states that on May 10, 2002, the Iowa Utilities Board 
(IUB) issued an order directing Northern to refund approximately 
$825,000 of Kansas ad valorem tax refunds received from producers to 
Peoples Natural Gas Company. Peoples was a non-jurisdictional sales 
customer of Northern during the period at issue. In its May 10th order, 
the IUB claimed that the Commission required interstate pipelines, 
including Northern, to refund all Kansas ad valorem tax overcharges to 
their customers, ``whether jurisdictional or non-jurisdictional.'' 
Further, the IUB asserted that Northern's retention of non-
jurisdictional refunds is ``a violation of FERC orders.''
    Northern states that these allegations are erroneous, that the 
Commission has never ordered Northern to make refunds to its non-
jurisdictional customers, and that refunds of non-jurisdictional 
amounts, if any, are governed by the contracts between Northern and its 
non-jurisdictional customers. Further, Northern states that the 
Commission has: (1) issued an order requiring pipelines to make Kansas 
ad valorem tax refunds only to their jurisdictional customers; (2) 
accepted Northern's annual refund reports showing the allocation of 
Kansas ad valorem tax refunds between jurisdictional and non-
jurisdictional customers and approved Northern's refunds to its 
jurisdictional customers; and, (3) approved a settlement requiring 
refunds to Northern's jurisdictional customers only.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Sections 385.214 or 385.211 of the Commission's Rules 
and Regulations. All such motions or protests must be filed on or 
before July 16, 2002. Protests will be considered by the Commission in 
determining the appropriate action to be taken, but will not serve to 
make protestants parties to the proceedings. Any person wishing to 
become a party must file a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public 
inspection. This filing may also be viewed on the web at http://www.ferc.gov using the ``RIMS'' link, select ``Docket'' and 
follow the instructions (call 202-208-2222 for assistance). Comments, 
protests and interventions may be filed electronically via the Internet 
in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions 
on the Commission's web site under the ``e-Filing'' link.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-16623 Filed 7-1-02; 8:45 am]
BILLING CODE 6717-01-P