[Federal Register: March 24, 1998 (Volume 63, Number 56)]
[Notices]               
[Page 14078]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr98-49]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-32-000]

 
Devon Energy Corporation; Notice of Petition for Adjustment

March 18, 1998.
    Take notice that on March 9, 1998, Devon Energy Corporation (Devon) 
filed a petition for adjustment under section 502(c) of the Natural Gas 
Policy Act of 1978 (NGPA), \1\ requesting to be relieved of its 
obligation to pay Kansas ad valorem tax refunds, as 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 Panhandle Eastern Pipe Line 
Company solely with respect to amounts which are attributable to the 
holders of working interests and royalty interests who Devon cannot 
identify or locate or from whom Devon cannot recoup such amounts. 
Devon's petition is on file with the Commission and open to public 
inspection.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 3142(c) (1982).
    \2\ See 80 FERC para. 61,264 (1997); order denying reh'g issued 
January 28, 1998, 82 FERC para. 61,058 (1998).
---------------------------------------------------------------------------

    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 
could continue to accrue on any outstanding balance.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    Devon states that it would be inequitable and cause an unfair 
distribution of burdens for it to be held liable for amounts collected 
on behalf of, and distributed to, other parties. Devon proposes to file 
by September 1, 1998, a report with the Commission detailing its 
efforts to recover Kansas ad valorem tax amounts paid to third-parties 
which Devon has been unable to recoup.
    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. 98-7541 Filed 3-23-98; 8:45 am]
BILLING CODE 6717-01-M