Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Notices 30735

1See 80 FERC ¶61,264 (1997); order denying

reh’g issued January 28, 1998, 82 FERC ¶ 61,058

(1998).

2Public 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).

extension of 106 days to and including

June 23, 1998, of the deadline to make

payment of any refunds due to ANR and

(2) waiver of any interest obligation

applicable to the period November 10,

1997 through February 24, 1998. BP

Exploration’s petition 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,1 on remand from the

D.C. Circuit Court of Appeals,2 that

directed first sellers to make Kansas as

valorem tax refunds, with interest, for

the period from 1983 to 1988. The

Commission directed the pipelines to

serve first sellers with a Statement of

Refunds Due within 60 days of the date

of the refund order, and directed first

sellers to make the necessary refunds

within 180 days of the date of the

refund order (i.e., by March 9, 1998).

BP Exploration states that the Kansas

ad valorem tax reimbursements for

which it is responsible were received by

Lear Petroleum Exploration, Inc. (Lear),

and were attributable to production sold

by Lear to ANR between 1983 and 1985.

BP Exploration states there is no dispute

between ANR and BP Exploration about

the amount and timing of

reimbursements received and the

petition relates solely to issues of law

and policy. BP Exploration therefore

does not ask the Commission to

determine the amount of the refund

obligation.

BP Exploration states that although it

does not have any interest in Lear, BP

Exploration, by contract, retains general

responsibility for past refund

obligations of Lear. BP Exploration is

therefore responding to ANR’s

Statement of Refunds Due (Statement)

and will make the required payments.

BP Exploration states its response to

ANR’s Statement has been unavoidably

delayed because BP did not receive

notice from ANR of any claimed refund

liability until after February 24, 1998.

Therefore, BP has filed for an

adjustment in Docket No. SA98–77–000

in which it has requested that its time

for payment of refunds be extended by

106 days so that BP will have the full

time period contemplated by the

Commission to review ANR’s

documentation and to resolve any

disputes. BP has also requested to be

relieved of any interest due for the

additional 106-days period. BP states

that is incorporates by reference its

petition for adjustment in Docket No.

SA98–77–000.

BP states that the FERC has

established procedures to determine

whether ANR will be required to flow

refunds through to its customers. BP

requests that if the Commission

determines that ANR is not required to

flow refunds through to its customers,

BP is not required to pay interest to

ANR.

BP states that although the refund

obligation is to be tied under the court’s

order to production on and after October

4, 1983, ANR has assessed refunds

attributable to ANR’s purchases of

Lear’s production from January 1, 1983.

BP recognizes that the Commission in

its September 10, Public Service

Company order provided a clarification

of the court’s opinion, stating that

refunds would be due based on tax bills

rendered after October 4, 1983, rather

than on production purchased after

October 4. BP believes the

Commission’s clarification of the court’s

intention was in error. Accordingly, BP

requests that the court’s October 4

refund commencement date, based on

production, be applied to it and that it

receive the benefit of whatever

clarification, correction, or

reconsideration of the Commission’s

position may occur as a result of action

by the Commission or the courts in this

or other proceedings. BP requests the

refund amounts (both principal and

interest) be recalculated and reduced to

reflect production purchased after

October 4, 1983.

Reflecting its assertions, BP states that

on or before June 1, 1998, it will refund

certain undisputed amounts of principal

and interest. BP states that certain

disputed principal and interest amounts

will be placed in an escrow account.

Any person desiring to comment on

or make any protest with respect to the

above-referenced petition should, on or

before June 22, 1998, file with the

Federal Energy Regulatory Commission,

888 First Street, N.E., Washington, DC.,

20426, a motion to intervene or protest

in accordance with the requirements of

the Commission’s Rules of Practice and

Procedure (18 CFR 385.214 or 385.211).

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 the

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. 98–14967 Filed 6–4–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket Nos. EC96–19–027 and ER96–1663–

028]

The California Independent System

Operator Corporation; Notice of Filing

May 29, 1998.

Take notice that on May 19, 1998, the

California Independent System

Corporation (ISO), filed for Commission

acceptance in the above referenced

docket, pursuant to Section 205 of the

Federal Power Act, an application to

amend the ISO Tariff, including the ISO

Protocols (Amendment No. 8), and a

motion for waiver of the 60-day notice

requirement. The ISO requests that

proposed Amendment No. 8, be made

effective as of May 19, 1998, and that

the Commission take expedited action

with respect to Amendment No. 8.

The ISO states that Amendment No. 8,

would provide an interim Regulation

Energy payment adjustment to address

reliability problems arising from

insufficient Regulation reserves bids in

the ISO’s Ancillary Services market.

Amendment No. 8, also proposed

various related clarifying changes.

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 Rules 211

and 214 of the Commission’s Rules of

Practice and Procedure (18 CFR 385.211

and 18 CFR 385.214). All such motions

and protests should be filed on or before

June 8, 1998. Protests will be considered

by the Commission to determine the

appropriate action to be taken, but will

not serve to make protestants parties to

the proceedings. Any person wishing to

become a party must file a motion to

intervene. Copies of this filing are on

file with the Commission and are

available for public inspection.

David P. Boergers,

Acting Secretary.

[FR Doc. 98–14969 Filed 6–4–98; 8:45 am]

BILLING CODE 6717–01–M