[Federal Register Volume 62, Number 170 (Wednesday, September 3, 1997)]
[Notices]
[Pages 46489-46490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23276]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. GP97-7-000]


Plains Petroleum Company and Plains Petroleum Operating Company; 
Notice of Petition for Adjustment

August 27, 1997.
    Take notice that on August 22, 1997, Plains Petroleum Company and 
Plains Petroleum Operating Company, (Plains) tendered for filing a 
petition for adjustment under Section 502(c) of the Natural Gas Policy 
Act of 1978 (NGPA) and Rules 1101-1117 of the Commission's Rules of 
Practice and Procedure, requesting an adjustment to their potential 
liability to pay refunds and interest that Plains may be directed to 
make with respect to gas production between October 1, 1984, and 
January 16, 1987, owing to Plains' collection of Kansas ad valorem tax 
reimbursements from gas purchasers, reimbursements that have since been 
deemed to be in excess of the NGPA's applicable maximum lawful gas 
prices, all as more fully set forth in the subject petition, which is 
on file with the Commission and available for public inspection.
    Plains states that this matter arises from the decision by the 
United States Court of Appeals for the District of Columbia Circuit in 
Public Service Company of Colorado v. FERC, 91 F. 3d 1478 (D.C. Cir. 
1996), that refunds should be paid with respect to Kansas

[[Page 46490]]

ad valorem tax reimbursements on production between October 4, 1983, 
and June 28, 1988, and the Supreme Court's denial of cross-petitions 
for certiorari, filed in connection with the D.C. Circuit's decision in 
Public Service Company of Colorado v. FERC.
    Plains requests that the Commission adjust Plains' potential 
liability for any refunds of Kansas ad valorem tax recoveries by: (i) 
waiving the payment of interest on any refund principal for which 
Plains is ultimately determined to be liable; (ii) reducing any refund 
obligation to account for sums taken by royalty owners who are now 
deceased or bankrupt or cannot be located, or sums which fall below a 
de minimis standard; (iii) granting relief where the original consumer 
who pay any tax reimbursements cannot be identified or located; and 
(iv) reducing any refund obligation by an amount equal to the taxes 
Plains paid on the value of the ad valorem tax reimbursements.
    Plains states that copies of the filing have been served upon 
persons listed on the service list attached to the filing.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C., 20426, 
in accordance with Sections 385.214 and 385.211 of the Commission's 
Rules and Regulations. All such motions or protests must be filed with 
the Commission within 15 days after publication of this notice in the 
Federal Register. Protests will be considered by the Commission in 
determining the appropriate action to be taken, but will not serve to 
make protestants parties to the proceeding. Any person wishing to 
participate in this proceeding must file a motion to intervene. Copies 
of this filing are on file with the Commission and are available for 
public inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 97-23276 Filed 9-2-97; 8:45 am]
BILLING CODE 6717-01-M