[Federal Register: March 24, 1998 (Volume 63, Number 56)]
[Notices]               
[Page 14080-14081]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr98-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-16-000]

 
Midgard Energy Company; Notice of Petition for Adjustment

March 18, 1998.
    Take notice that on March 6, 1998, Midgard Energy Company 
((Midgard), formerly known as Oleum, Inc., Diamond Shamrock Exploration 
Company and Maxus Exploration Company), filed a petition for adjustment 
relief from refund procedures under section 502(c) of the Natural Gas 
Policy Act of 1978 (NGPA),\1\ seeking authorization from the Commission 
to place interest on its refunds for reimbursement of Kansas ad valorem 
taxes, as otherwise required by the Commission's September 10, 1997 
order in Docket Nos. GP97-3-000, GP97-4-000, GP97-5-000, and RP97-369-
000,\2\ to Northern Natural Gas Company (Northern), into an escrow 
account. Midgard's petition is on file with the Commission and open to 
public inspection.
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    \1\ 15 U.S.C. 3142(C)(1982).
    \2\ See 80 FERC para. 61,264 (1997); under denying reh'g issued 
January 28, 1998, 82 FERC para. 61,058 (1998).
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    The Commission's September 10 order on remand from the D.C. Circuit 
Court of Appeals \3\ directed first sellers under the NGPA to make 
Kansas ad valorem tax refunds, with interest, for the period from 1983 
to 1988. The Commission's September 10 order also provided that first 
sellers could, with the Commission's prior approval, amortize their 
Kansas ad valorem tax refunds over a 5-year period, although interest 
would continue to accrue on any outstanding balance.
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    \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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    Specifically, Midgard requests authorization to place interests on 
its refunds, with respect to production from four wells (Pfeifer Nos. 
2, 4 and 5, and Randall No. 3), to Northern into an escrow account. In 
its Petition, Midgard avers that Northern, in its filed Statement of 
Refunds Due (Statement), included amounts attributable to other working 
interest owners in the same properties and royalty amounts. Midgard 
states that it notified Northern that there were discrepancies in the 
Statement of Refunds Due and requested that Northern file a corrected 
Statement. Midgard further states that Northern declined to correct its 
Statement, although not specifically disputing any of Midgard's 
arguments.
    Thus, argues Midgard, it seeks to establish this procedure to 
ensure: (a) that it pays only that which is legitimately owed; and (b) 
that if it is subsequently determined that it has no refund liability 
for interest, it can recover the overpayment.
    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. 20425, 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

[[Page 14081]]

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. 98-7536 Filed 3-23-98; 8:45 am]
BILLING CODE 6717-01-M