[Federal Register: March 24, 1998 (Volume 63, Number 56)]
[Notices]               
[Page 14079-14080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr98-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-38-000]

 
John W. LeBosquet; Notice of Petition for Adjustment

March 18, 1998.
    Take notice that on March 9, 1998, John W. LeBosquet (LeBosquet), 
and other working interest owners for whom LeBosquet operated, 
(Dorchester) filed a

[[Page 14080]]

petition for adjustment under section 502(c) of the Natural Gas Policy 
Act of 1978 (NGPA),\1\ requesting that the refund procedures in the 
Commission's September 10, 1997 order in Docket Nos. RP97-369-000, 
GP97-3-000, GP97-4-000, and GP7-5-000,\2\ be altered with respect to 
LeBosquet's Kansas ad valorem tax refund liability.
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    \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).
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    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. The Commission issued a January 28, 1998 order in Docket No. 
RP98-39-001, et al. (January 28 Order),\4\ clarifying the refund 
procedures, stating that producers could request additional time to 
establish the uncollectability of royalty refunds, and that first 
seller 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 the individual circumstances applicable to each 
first seller.
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    \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).
    \4\ 82 FERC para. 61,059 (1998).
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    LeBosquet request that the Commission pursuant to the Commission's 
January 28 Order, (1) grant an extension of 90 days to make refunds to 
allow first sellers and Northern to resolve any dispute as to the 
proper amount of the refund liability of first sellers for the Kansas 
ad valorem tax reimbursements set forth in the State of Refunds Due 
(SRD) addressed to the John R. LeBosquet Trust, or to submit such 
dispute to the Commission for resolution if the parties cannot resolve 
it within such time; (2) to grant an adjustment to its procedures to 
allow to defer payment to Northern Natural Gas Company of principal and 
interest refunds attributable to unrecovered royalties for one year 
until March 9, 1999, and (3) to grant an adjustment to its procedures 
to allow first sellers to place into an escrow account during the 
requested 1-year deferral period, not only the disputed amount of the 
refund but also (i) an amount equal to the principal and interest on 
royalty refunds which have been collected from royalty owners and (ii) 
principal and interest on amounts attributable to production prior to 
October 4, 1983, and (iii) interest on all other principal amounts 
claimed to be due under the SRD.
    On or before March 9, 1999, LeBosquet proposes to file 
documentation with the Commission, of these royalties which were not 
collectible and disburse out of escrow funds those royalty refunds 
which were recovered.
    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. 98-7543 Filed 3-23-98; 8:45 am]
BILLING CODE 6717-01-M