[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Notices]
[Pages 23428-23429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11310]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-79-000]


Ruth Lawhorn; Notice of Petition For Adjustment

April 23, 1998.
    Take notice that on March 30, 1998, Ruth Lawhorn (Lawhorn) filed a 
petition, pursuant to section 502(c) of the Natural Gas Policy Act of 
1978 (NGPA) [15 U.S.C. Sec. 3142(c) (1982)],\1\ for

[[Page 23429]]

adjustment relief from refunding the Kansas ad valorem tax 
reimbursements attributable to Lawhorn's royalty interest in a well (or 
wells) located in the East Mansur Field and operated by Olympic 
Petroleum Company (Olympic). Lawhorn's petition indicates that Williams 
Gas Pipelines Central, Inc., formerly: Williams Natural Gas Company 
Williams) served Olympic with the Statement of Refunds Due, and that 
Olympic is now seeking to recover Lawhorn's royalty interest share of 
that refund, for flow-through to Williams. Lawhorn asserts that paying 
the refund will cause she and her husband to endure a special hardship. 
Lawhorn's petition is on file with the Commission and open to public 
inspection.
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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 385.1101-385.1117].
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    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 subsequently stated, in its January 28, 1998 Order 
Clarifying Procedures [82 FERC para. 61,059 (1998)] that producers 
could file NGPA section 502(c) adjustment petitions for relief from the 
refund requirement if, among other things, the payment of the Kansas ad 
valorem tax refund would cause the producer to endure a special 
hardship, within the meaning of section 502(c) of the NGPA.
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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.3rd 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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    Lawhorn states: 1) That she and her husband have been retired for 
10 years; 2) that no restrictions were placed on the cashing of their 
royalty checks and, therefore, that they did not place any royalty 
check money into escrow; 3) that both she and her husband are in poor 
health and have serious medical problems, with correspondingly 
exorbitant medical bills; and 4) that they cannot repay the amount 
sought by Olympic \4\ and still buy the medicine they need to continue 
to live.
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    \4\ Lawhorn's petition includes a March 18, 1998 letter from 
Olympic to Lawhorn, in which Olympic indicates that a Schedule 
attached to the letter shows the refund amount Lawhorn owes. The 
petition, however, does not include that Schedule.
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    In view of the above, Lawhorn requests that the Commission grant an 
adjustment, relieving Lawhorn from paying the Kansas ad valorem tax 
refund sought by Olympic, on the basis that paying the refund will 
cause Lawhorn to endure a special hardship.
    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. 98-11310 Filed 4-28-98; 8:45 am]
BILLING CODE 6717-01-M