[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)] [Notices] [Pages 31975-31976] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-15519] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. GP98-35-000] Ethel Huffman McKee, Paul R. Gougelman III, Grace & Franklin Bernsen Foundation, and Craig Henderson; Notice of Petition for Dispute Resolution June 5, 1998. Take notice that, on June 2, 1998, Ethel Huffman McKee, Paul R. Gougelman III, Grace & Franklin Bernsen Foundation, and Craig Henderson (collectively: Applicants) filed a petition requesting the Commission to resolve any potential dispute they have with Panhandle Eastern Pipe Line Company (Panhandle) as to whether Applicants owe Panhandle any Kansas ad valorem tax refunds. Applicants request that the Commission find that they have no Kansas ad valorem tax refund liability to Panhandle for the period from 1983 to 1988, based on a July 23, 1990 Settlement Agreement between Applicants and Panhandle (1990 Settlement). Applicants' petition is on [[Page 31976]] file with the Commission and open to public inspection. The Commission, by order issued September 19, 1997, in Docket No. RP97-369-000 et al,\1\ on remand from the D.C. Circuit Court of Appeals,\2\ required first sellers to refund the Kansas ad valorem tax reimbursements to the pipelines, with interest, for the period from 1983 to 1988. In its January 28, 1998 Order Clarifying Procedures [82 FERC para. 61,059 (1998)], the Commission stated that producers (i.e., first sellers) could file dispute resolution requests with the Commission, asking the Commission to resolve the dispute with the pipeline over the amount of Kansas ad valorem tax refunds owed. --------------------------------------------------------------------------- \1\ See 80 FERC para. 61,264 (1997); order denying reh'g issued January 28, 1998, 82 FERC para. 61,058 (1998). \2\ 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). --------------------------------------------------------------------------- Applicants state that Panhandle has attempted to collect Kansas ad valorem tax refunds from them for the period from 1983 to 1988. Applicants contend that these efforts are a breach of their 1990 Settlement with Panhandle, because the 1990 Settlement released Applicants and Panhandle from all claims against each other relating to Applicants' gas purchase contract with Panhandle. Applicants also state that they have placed the principal and interest involved into an escrow account, and request that, if necessary, the Commission authorize Applicants to place these sums into the escrow account, pending resolution of their dispute with Panhandle. Applicants also request that the Commission establish a briefing schedule so that Applicants can fully advise the Commission of their position. Any person desiring to comment on or make any protest with respect to the above-referenced petition should, on or before June 26, 1998, file with the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426, a motion to intervene or protest in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211). 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 the 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. 98-15519 Filed 6-10-98; 8:45 am] BILLING CODE 6717-01-M