[Federal Register Volume 63, Number 73 (Thursday, April 16, 1998)] [Notices] [Pages 18896-18897] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-10088] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. SA98-77-000] BP Exploration and Oil, Inc.; Notice of Petition for Adjustment and Extension of Time April 10, 1998. Take notice that on March 23, 1998, BP Exploration and Oil, (BP), filed a petition pursuant to Section 502(c) of the Natural Gas Policy Act of 1978 (NGPA) \1\ and Subpart K of the Commission's Rules of Practice and Procedure (18 CFR 385.1101-385.1117), for: (1) a 106-day extension of the Commission's March 9, 1998, refund deadline, by which date BP would otherwise be required to make Kansas ad valorem tax refunds, with interest, to ANR Pipeline Company (ANR); and (2) an adjustment with respect to BP's refund obligation, waiving BP's obligation to refund the interest that would otherwise accrue during the 106-day period from November 10, 1997 to February 24, 1998. BP's petition is on file with the Commission and open to public inspection. --------------------------------------------------------------------------- \1\ 15 U.S.C. Sec. 3142(c) (1982). --------------------------------------------------------------------------- On September 10, 1997, in Docket No. RP97-369-000 et al., the Commission issued an order,\2\ on remand from the D.C. Circuit Court of Appeals,\3\ that directed first sellers to make Kansas ad valorem tax refunds, with interest, for the period from 1983 to 1988. The Commission directed the pipelines to serve first sellers with a Statement of Refunds Due within 60 days of the date of the refund order, and directed first sellers to make the necessary refunds within 180 days of the date of the refund order (i.e., by March 9, 1998). --------------------------------------------------------------------------- \2\ See 80 FERC para. 61,264 (1997); order denying reh'g issued January 28, 1998, 82 FERC para. 61,058 (1998). \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). --------------------------------------------------------------------------- BP explains that ANR's Statement of Refunds Due identifies $227,793.83 as [[Page 18897]] being due from Lear Exploration, Inc. (Lear), as a result of gas sales that Lear made to ANR before December 31, 1986, and that ANR sent that Statement of Refunds Due to Lear, not BP. BP further explains that BP America, Inc., BP's parent, acquired Lear Petroleum Corporation, Lear's parent, in 1988, and that through corporate reorganization, BP became Lear's parent company. BP adds that it sold Lear's stock to another entity in 1991, but remained responsible for the past refund obligations of Lear. BP also states that Lear sold the properties in question to Total Minatome Corporation (Total Minatome) on December 31, 1986, prior to BP America, Inc.'s acquisition of Lear's stock. BP states that Lear retained liability for refunds from sales made before the transfer to Total Minatome, and that the sales that generated the refunds were all made by Lear before the transfer to Total Minatome. Because BP did not receive any notice of the refund obligation until after February 24, 1998, BP contends that it was not afforded the full 120-day period that the Commission intended first sellers to have, to evaluate their refund obligations. BP also points out that the refunds in question pertain to sales from properties that Lear disposed of prior to the date that BP America, Inc., acquired Lear. Therefore, BP requests a 106-day extension of the refund deadline, from March 9, 1998 to June 23, 1998. BP also requests adjustment relief from its obligation to refund the interest that accrued on BP's outstanding balance between November 10, 1997 and February 24, 1998, on the basis that BP's response to the Commission's refund order, through no fault of its own, has been unavoidably delayed. BP argues that it would be inequitable to require BP to pay interest during the 106-day period between November 10, 1997 and February 24, 1998. 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. 98-10088 Filed 4-15-98; 8:45 am] BILLING CODE 6717-01-M