[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Page 15187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8172]



Federal Energy Regulatory Commission
[Docket No. SA98-72-000]

John O. Farmer, Inc.; Notice of Petition for Adjustment

March 24, 1998.
    Take notice that on March 11, 1998, John O. Farmer, Inc. (Farmer), 
as an operator who owns 100 percent working interest in the Ackerman 
Ratzlaff, and Stewart Leases (First Seller),\1\ filed a petition, 
pursuant to section 502(c) of the Natural Gas Policy Act of 1978 
(NGPA), for an adjustment of the Commission's refund procedures [15 
U.S.C. Sec. 3142(c) (1982)] with respect to Farmer's Kansas ad valorem 
tax refund liability to Northern Natural Gas Company. Farmer's petition 
is on file with the Commission and open to public inspection.

    \1\ Attachments filed by Farmer indicate 100% ownership.

    The Commission's September 10 order or remand from the D.C. Circuit 
Court of Appeals,\2\ in Docket No. RP97-369-000, et al.,\3\ directed 
first Sellers to make Kansas ad valorem tax refunds, with interest, for 
the period from 1983 to 1988. The Commission clarified the refund 
procedures in its Order Clarifying Procedures [82 FERC para. 61,059 
(1998)], stating therein that procedures (first Sellers) could request 
additional time to establish the uncollectability of royalty refunds, 
and that first Sellers may file requests for NGPA Section 502(c) 
adjustment relief from the refund requirement and the timing and 
procedures for implementing the refunds, based on their individual 

    \2\ Public Service Company of Colorado v. FERC, 91 F.3d 1478 
(D.C. Cir. 1996), Cert. denied, 65 U.S.L.W. 3751 and 3754 (May 12, 
1997) (Nos. 96-954 and 96-1230).
    \3\ See 80 FERC para. 61,264 (1997); order denying reh'g, issued 
January 28, 1998, 82 FERC para. 61,058 (1998).

    Farmer requests that the Commission: 1) provide for protective 
language which would clarify that any amounts paid to the pipelines 
that are not ultimately required to be paid would be refunded with 
interest; and 2) permit the disputed amounts to be placed in an 
interest bearing fund over which Farmer would maintain control.
    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 appropriation 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. 98-8172 Filed 3-27-98; 8:45 am]