[Federal Register Volume 63, Number 158 (Monday, August 17, 1998)] [Notices] [Pages 43918-43919] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-21973] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. SA98-93-000] Eastman Dillon Oil & Gas Associates; Notice of Petition for Adjustment August 11, 1998. Take notice that on July 7, 1998, Eastman Dillon Oil & Gas Associates (Eastman Dillon) filed the above-referenced petition, pursuant to section 502(c) of the Natural Gas Policy Act of [[Page 43919]] 1978. Eastman Dillon's petition requesting that the Commission grant a waiver of refunds of Kansas ad valorem tax reimbursement. Eastman Dillon's petition is on file with the Commission and is open to public inspection. The Commission, by order issued September 10, 1997, in Docket No. RP97-369-000 et al.,\1\ on remand from the D.C. Circuit Court of Appeals,\2\ directed First Sellers to make Kansas ad valorem tax refunds, with interest, to the appropriate pipelines, for the period from 1983 to 1988. Alternatively, if it is not relieved from making the subject refunds, Eastman Dillon requests that the Commission permit it to amortize its refund obligation over a 5-year period. 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. Additionally, the Commission indicated that it would grant extension of the refund due date for royalty refunds if a producer requests such an extension. Also the Commission's January 28 order states that it would consider adjustment requests as to the refund amounts and the refund procedures. --------------------------------------------------------------------------- \1\ See: 80 FERC para. 61,264 (1997); rehearing denied 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). --------------------------------------------------------------------------- Eastman Dillon specifically requests a waiver of the refund liability under the Commission's orders based on: (1) its inability to recover amounts previously disbursed to its partners under Delaware partnership law; and (2) its inability to recover payments previously made to royalty owners under the Kansas royalty law. If, however, payments previously made to royalty owners under the Kansas royalty law. If, however, the Commission is not willing to grant such a total waiver of refund liability, Eastman Dillon requests a waiver of refunds at least as to amounts attributable to prior limited partners who no longer are partners in Eastman Dillon (including some who are deceased), and as to royalty amounts. Furthermore, Eastman Dillon requests that the Commission permit it to spread refund as to the remaining amounts due, after the limited waiver, over a five year period commencing as of the date of action on this Petition. Any person desiring to be heard or to make any protest with reference to any of these petitions 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. David P. Boergers, Secretary. [FR Doc. 98-21973 Filed 8-14-98; 8:45 am] BILLING CODE 6717-01-M