[Federal Register Volume 63, Number 73 (Thursday, April 16, 1998)]
[Notices]
[Pages 18900-18901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10087]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-78-000]


Total Minatome Corporation; Notice of Petition for Adjustment

April 10, 1998.
    Take notice that on March 25, 1998, Total Minatome Corporation 
(Total Minatome), filed a pleading that consists of:
    (1) Total Minatome's response to an ANR Pipeline Company (ANR) 
Kansas ad valorem tax refund claim, with respect to certain sales made 
by Lear Petroleum Corporation (Lear Petroleum), and for which Total 
Minatome seeks a finding from the Commission that Total Minatome has no 
such refund liability; and
    (2) Total Minatome's petition, in the event that the Commission 
finds that Total Minatome has such refund liability, for an adjustment 
pursuant to Section 502(c) of the Natural Gas Policy Act of 1978 (NGPA) 
[15 U.S.C. Sec. 3142(c) (1982)],\1\ relieving Total Minatome of that 
refund liability.
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    \1\ The Commission's regulations governing adjustment petitions 
are set forth in Subpart K of the Commission's Rules of Practice and 
Procedure [18 CFR Secs. 385.1101-385.1117].
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    Total Minatome's pleading is on file with the Commission and open 
to public inspection.
    On September 10, 1997, in Docket No. RP97-369-000 et al., the 
Commission issued an order,\2\ on remand from the D.C. Circuit Court of 
Appeals,\3\ that directed first sellers to make Kansas ad valorem tax 
refunds, with interest, for the period from 1983 to 1988. The 
Commission's September 10 order also directed the pipelines to serve 
first sellers with a Statement of Refunds Due within 60 days of the 
date of the refund order.
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    \2\ See 80 FERC para. 61,264 (1997); order denying reh'g issued 
January 28, 1998, 82 FERC para. 61,058 (1998).
    \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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    Total Minatome states that ANR mailed Total Minatome a Statement of 
Refunds Due that does not mention Total Minatome, but instead pertains 
to $81,000 in Kansas ad valorem tax reimbursements that ANR made to 
Lear Petroleum in 1984 and 1986.
    Total Minatome states that it advised ANR that ANR's refund report 
had been misdirected. Total Minatome states that it also advised ANR: 
(1) That it acquired the subject properties after the sales had been 
made; (2) that, under the sales and purchase agreement for those 
properties, Total Minatome refused to accept responsibility for refunds 
due to sales made by Lear Petroleum before the closing date of the 
property transfers; and (3) that Total Minatome believes that Lear 
Petroleum was acquired by an affiliate of BP America, Inc. Total 
Minatome states that ANR responded, stating that Total Minatome was 
liable for Lear Petroleum's refund obligation, because Total Minatome 
acquired the properties from which the relevant sales had been made.
    Total Minatome advises the Commission that it disagrees with ANR's 
position that Total Minatome has such refund liability, on the basis 
that Total Minatome made no sales to ANR to which any Kansas ad valorem 
tax refund obligation attaches. In view of this, if the Commission 
believes that such refund liability exists, Total Minatome requests 
that the Commission waive the refund obligation, to avoid gross 
inequity. Total Minatome's petition also sets forth the details of its 
position with respect to its disagreement with ANR.
    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, 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

[[Page 18901]]

in accordance with the Commission's Rules.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-10087 Filed 4-15-98; 8:45 am]
BILLING CODE 6717-01-M