30736 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Notices

1Cornell’s May 29 supplement indicates that the

wells on the Bouziden and McMinimy leases were

operated by Hummon Corporation (Hummon).

2See 80 FERC ¶61,264 (1997); order denying

rehearing issued January 28, 1998, 82 FERC

¶ 61,058 (1998).

3Public 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).

1 91 F.3rd 1478 (1996), cert denied, 65 USLW

3751 and 3754 (May 12, 1997) (PSC of Colorado).

2 80 FERC ¶ 61,624 (1997) and 82 FERC ¶ 61,058

(1998).

3 80 FERC ¶ 61,264 at 61,953 (1997).

4 Id.

5 33 FERC ¶ 61,014 (1985).

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. SA98–76–000]

Edwin A. Cornell; Notice of Petition for

Adjustment

June 1, 1998.

Take notice that on March 16, 1998,

as supplemented on May 29, 1998,

Edwin A. Cornell (Cornell), filed a

petition, pursuant to Section 502(c) of

the Natural Gas Policy Act of 1978

(NGPA), for relief from making Kansas

as valorem tax refunds, with interest, to

Northern Natural Gas Company

(Northern), with respect to: (1) Cornell’s

1.0 percent working interest in the

Bouziden oil and gas lease, that Cornell

held from November 29, 1978 to August

27, 1984; and (2) Cornell’s 0.76563

percent working interest in the

McMinimy lease, that Cornell held from

May 20, 1980 to August 27, 1984.1

Absent the relief requested, Cornell will

have to make the refunds, as required by

the Commission’s September 10, 1997

order in Docket No. RP97–369–000 et

al,2 on remand from the D.C. Circuit

Court of Appeals.3 That order directed

First Sellers to make Kansas ad valorem

tax refunds, with interest, for the period

from 1983 to 1988. Cornell’s petition is

on file with the Commission and open

to public inspection.

Cornell’s March 16, petition consists

of a March 10, 1998, letter stating that

Cornell filed for Chapter 7 bankruptcy

on March 7, 1986, and that such

bankruptcy was discharged by the U.S.

Bankruptcy Court for the District of

Kansas on September 23, 1986. Cornell’s

May 29, supplement consists of a May

19, 1998 letter, in which Cornell

explains (a) that he seeks to be relieved

from paying the Kansas ad valorem tax

refunds claimed by Hummon ($572.24

in all), (b) that the court, in Cornell’s

August 27, 1984, divorce decree,

entitled his ex-wife to all royalties,

profits, proceeds, and interest in any

mineral, oil, and/or gas leases, (c) that

such divorce decree resulted in the loss

of his business and subsequent

bankruptcy, and (d) that, due to

extended illness, he has been unable to

work since 1992.

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. 98–14966 Filed 6–4–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RP97–369–003, RP98–39–006,

RP98–40–005, RP98–42–004, RP98–43–004,

RP98–52–005, RP98–53–005 and RP98–54–

006]

Public Service Company of Colorado,

et al., Northern Natural Gas Company,

Panhandle Eastern Pipe Line

Company, ANR Pipeline Company,

Anadarko Gathering Company,

Williams Natural Gas Company, KN

Interstate Gas Transmission Company,

and Colorado Interstate Gas Company;

Notice of Motion for Waiver

June 1, 1998

Take notice that on May 19, 1998,

Graham-Michaelis Corporation; Kansas

Petroleum, Inc.; John W. LeBosquet; The

Trees Oil Company; Pickrell Drilling

Company; R.J. Patrick d/b/a/ R.J. Patrick

Operating Company; Quinque Operating

Company; Quinque Oil & Gas Producing

Company; Lester Wilkonson; KaiserFrancis Oil Company, CLX Energy, Inc.;

Banks Oil Co.; Hummon Corporation;

Osborn Heirs Company; Cabot Oil & Gas

Corporation; Dorchester Hugoton, Ltd.;

Ensign Oil & Gas Inc.; Helmerich &

Payne, Inc.; Midgard Energy Company;

and Pioneer Natural Resources USA,

Inc. [jointly referred to herein as

Producers], filed a motion pursuant to

Rule 212 of the Commission’s Rules of

Practice and Procedure [18 CFR

385.212], where each request that the

Commission grant a waiver of the

refund liability in these proceedings

which is attributable to their respective

royalties based on the enactment of

Section 7 of Kansas House Bill No.

2419. In the alternative, the Producers

request that the Commission grant

generic relief of the same. In either case,

the Producers request that the

Commission direct the pipelines to

return any refunds paid previously by

the Producers pursuant to the

Commission’s prior orders which are

attributable to such royalties, with

interest at the Commission’s prescribed

rates.

The Producers state that the captioned

proceedings involve the Commission’s

directives that first sellers refund

Kansas ad valorem taxes paid over the

period 1983 to 1988, based on the

decision of the United States Court of

Appeals for the District of Columbia

Circuit in Public Service Company of

Colorado v. FERC.1 In addition, the

Commission’s general refund orders

were issued in Public Service Company

of Colorado, et al., Docket No. RP97–369

(Commission Orders).2 It is stated that

the individual cases captioned above

were commenced upon the filing by the

individual pipelines of a Statement of

Refund Due.

In June 1997 producers (including

many submitting the motion) filed a

request that the Commission waiver

royalties that were unrecoverable. The

Producers state that in PSC of Colorado,

the Commission recognized that there

may be situations where producers are

unable to collect refunds attributable to

royalty interest owners.3 However, the

Producers note that the Commission

determined that it would not grant a

generic waiver of uncollectible royalties,

but rather would consider waiver of a

refund on grounds of uncollectibility

from royalty owners on a case-by-case

basis, if a person seeking such relief can

demonstrate that it attempted to collect

the refund from the royalty owner and

that the refund is uncollectible.4 The

Producers contend that the Commission

ruled that the standard for

uncollectibility would be that set forth

in Wylee Petroleum Corporation.5

The Producers state that on April 20,

1998, the Governor of Kansas signed

into law House Bill No. 2419, which

went into effect on April 30, 1998. They

contend that the enactment of the House

Bill makes refunds under the