[Federal Register: March 25, 1998 (Volume 63, Number 57)]
[Notices]               
[Page 14445-14446]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr98-81]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-15-000]

 
Mark A. Gower, Notice of Petition for Adjustment

March 19, 1998.
    Take notice that on March 6, 1998, Mark A. Gower (Gower) filed a 
petition for adjustment under section 502(c) of the Natural Gas Policy 
Act of 1978 (NGPA),\1\ requesting to be relieved of his obligation to 
make Kansas ad valorem tax refunds to Panhandle Eastern Pipe Line 
Company (Panhandle), with respect to his working interest in certain 
wells operated by Quinque Operating Company, (Quinque) otherwise 
required by the Commission's September 10, 1997 order in Docket Nos. 
RP97-369-000, GP97-3-000, GP97-4-000, and GP97-5-000.\2\ Gower's 
petition is on file with the Commission and open to public inspection.
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    \1\ 15 U.S.C. 3142(c) (1982).
    \2\ See 80 FERC para. 61264 (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.
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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) (Public Service).
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    Gower seeks relief on the grounds of extreme financial hardship 
stating that:
    1. From 1977 until 1987, he was a shareholder of Gower Oil, Inc. 
And sole proprietor of Mark Gower Oil Properties.
    2. By 1987, Gower faced foreclosure procedures in which he lost his 
interest in these two companies being left with no assets or 
employment.
    3. Gower now earns a wage of fourteen dollars an hour and has no 
assets which would not be exempt from execution.
    4. The state of Idaho is pursuing a collection action against Gower 
for child support in the amount of $92,788.

[[Page 14446]]

    5. He has no ability to refund the Kansas ad valorem tax 
reimbursements.
    If the Commission does not grant the relief requested Gower 
requests relief from the payment of any refunds based on the Big E 1-16 
Well and the Keating 2-24 Well because tax reimbursement was received 
by Quinque on those wells for two of the four years on which 
Panhandle's Statement of Refunds is based. Gower claims that the two 
wells were deregulated on January 1, 1985 and therefore the refund 
should not be owed on reimbursements received at a time when the wells 
were not regulated. Gower also asks for relief from the payment of 
interest on any principal amount found to be owed by him.
    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. 98-7770 Filed 3-24-98; 8:45 am]
BILLING CODE 6717-01-M