[Federal Register Volume 62, Number 130 (Tuesday, July 8, 1997)]
[Notices]
[Page 36503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17694]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. GP97-6-000]
Plains Petroleum Company and Plains Petroleum Operating Company;
Notice of Request for Summary Ruling
July 1, 1997.
Take notice that on June 11, 1997, Plains Petroleum Company and
Plains Petroleum Operating Company, 1515 Arapahoe Street, Tower 3,
Suite 1000, Denver, Colorado 80202 (hereafter ``Plains''), filed a
motion to intervene and request for summary ruling in Docket No. RP97-
379-000. Plains' request for summary ruling, as filed in that motion,
is hereby assigned Docket No. GP97-6-000. Plains requests that the
Commission summarily rule that KN Energy, Inc. (KN) should be required
to make any Kansas ad valorem tax refunds that Plains might otherwise
be required to make, for the period from October 1, 1984 through
September 13, 1985.
In the associated proceeding, in Docket No. RP97-369-000, Public
Service Company of Colorado and Cheyenne Light, Fuel and Power Company
filed a request that the Commission issue an order establishing
procedures for the payment of refunds of overcharges related to Kansas
ad valorem taxes, for the period from October 1983 through June 1988,
as required by the decision of the United States Court of Appeals for
the District of Columbia Circuit issued on August 2, 1996, in Public
Service Co. of Colorado v. FERC, 91 F.3d 1478 (D.C. Cir. 1996), cert.
denied, (May 12, 1997).
In support of the request for summary ruling, Plains explains: (1)
That Plains Petroleum Company was a wholly-owned subsidiary of KN until
September 30, 1985; (2) that Plains Petroleum Company was the lessee
with respect to certain leases within the State of Kansas, from October
1, 1984 through November 30 1986; and (3) that the Kansas leases were
transferred to Plains Petroleum Operating Company, effective December
1, 1986. According to Plains, it either did not receive Kansas ad
valorem tax reimbursements from KN during the period from October 1,
1984 through September 13, 1985, or returned any ad valorem tax
reimbursements it did receive to KN, by means of a $1,050,000 dividend
that was paid to KN on June 30, 1985, and by which KN withdrew
virtually all cash from Plains Petroleum Company, leaving Plains
Petroleum Company with only $18,211 in cash as of June 30, 1985. In
view of this, Plains asserts that KN was the entity enriched by the
reimbursement of Kansas ad valorem taxes, and that it was KN (not
Plains) that has had the use of those funds since that time.
In view of this, Plains requests that the Commission summarily rule
that any Kansas ad valorem tax refunds that Plains might otherwise be
required to make, for the period from October 1, 1984 through September
13, 1985, should be made by KN. In the alternative, Plains requests the
Commission to require KN to show that KN did not receive value from
Plains--in the form of dividends, or otherwise--for any Kansas ad
valorem tax reimbursement payments that KN made to Plains and,
therefore, that KN should not be required to bear the burden of any
refunds to its customers.
Any person desiring to be heard or to protest said filing should
file a motion to intervene or protest with the Federal Energy
Regulatory Commission, 888 First Street, N.E., Washington D.C. 20426,
in accordance with Sections 385.211 and 385.214 of the Commission's
Rules of Practice and Procedure. All such motions or protests must be
filed on or before July 11, 1997.\1\ 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 proceeding. Any
person wishing to become a party must file a motion to intervene in
accordance with the Commission's Rules. Copies of this filing are on
file with the Commission and are available for public inspection.
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\1\ KN Interstate Gas Transmission Company (KN Interstate) filed
an answer, in opposition to Plains' request for summary ruling on
June 26, 1997, in Docket No. RP97-369-000. Accordingly, KN
Interstate's June 26 answer will be treated as having been filed in
Docket No. GP97-6-000, but does not foreclose KN Interstate from
filing further pleadings in that docket.
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Lois D. Cashell,
Secretary.
[FR Doc. 97-17694 Filed 7-7-97; 8:45 am]
BILLING CODE 6717-01-M