[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Page 15185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8164]



Federal Energy Regulatory Commission
[Docket No. SA98-60-000]

First National Oil, Inc.; Notice of Petition for Adjustment

March 24, 1998.
    Take notice that on March 5, 1998, First National Oil, Inc. 
(National) filed a petition for adjustment under section 502(c) of the 
Natural Gas Policy Act of 1978 (NGPA),\1\ requesting relief from the 
schedule established by the Commission's September 10, 1997 order in 
Docket Nos. RP97-369-000, GP97-3-000, GP97-4-000, and GP97-5-000.\2\ 
National's petition is on file with the Commission and open to public 
inspection. National files this petition in order to substantiate a 
contention of underpayment.

    \1\ 15 U.S.C. 3142(c) (1982).
    \2\ See 80 FERC para. 61,264 (1997); order denying reh'g issued 
January 28, 1998, 82 FERC para. 61,058 (1998).

    The Commission's September 10 order on remand from the D.C. Circuit 
Court of Appeals \3\ directed first sellers under the NGPA to make 
Kansas ad valorem tax refunds, with interest, for the period from 1983 
to 1988.

    \3\ 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).

    National seeks relief based on the following grounds:
    1. National no longer owns certain wells (the Eaton and the 
Langhofer). The working interest owners have died and their heirs have 
declined to make restitution to National for any overpayment.
    2. Overwhelmed with the necessity of finding the old records and 
calculating the refunds to be requested National's bookkeeper of 15 
years resigned in September of 1997.
    3. The principal amount due from National, as operator has been 
tendered to Panhandle Eastern Pipeline Company.
    4. That part of the principal amount applicable to National, as 
operator, has been offered to Enron in escrow. National requests 
approval of the escrow amount proposed for Enron, ($15,122.65) if 
accepted by Enron. National contends that certain wells-the #1 Harvey 
and the #1 Eaton were not receiving the maximum lawful price for the 
years 1971, 1972, 1973, 1974, and 1979 through 1992 and therefore are 
obligated for no refund in any event.
    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, 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,
Acting Secretary.
[FR Doc. 98-8164 Filed 3-27-98; 8:45 am]