[Federal Register: March 26, 1998 (Volume 63, Number 58)]
[Notices]               
[Page 14695]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr98-66]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-25-000]

 
Range Oil Company, Inc.; Notice of Petition for Adjustment

March 20, 1998.
    Take notice that on March 9, 1998, Range Oil Company, Inc. (Range) 
filed a petition for adjustment, pursuant to section 502(c) of the 
Natural Gas Policy Act of 1978 [15 U.S.C. 3142(c)(1982)], requesting 
that the Commission issue an order determining that the Kansas ad 
valorem tax refunds required by the Commission's September 10, 1997 
order (in Docket No. RP97-369-000, et al.) \1\ on remand from the DC 
Circuit Court of Appeals,\2\ are barred by operation of law. The 
subject refunds have been sought by Williams Natural Gas Company 
(Williams) in response to the Commission's September 10 order. Range's 
petition is on file with the Commission and open to public inspection.
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    \1\ See 80 FERC para. 61,264(1997); order denying reh'g issued 
January 28, 1998, 82 FERC para. 61,058(1998).
    \2\ Public Service Company of Colorado v. FERC, 91 F.3d 1478 (DC 
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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    Range has been unable to identify all of the subject gas leases. 
Range has requested that Williams assist in the allocation of the claim 
between leases. All of the monies received from Williams as 
reimbursement of Kansas ad valorem taxes was remitted to royalty owners 
of various leases operated by Range, no part of the reimbursement was 
allocated to the working interest in the subject leases.
    Range does not have an ongoing contractual relationship which would 
permit Range to collect the subject refunds through billing 
adjustments; applicant states that the alleged refunds as to these 
royalty owners should be deemed to be uncollectible because four (4) of 
these royalty owners are deceased and their estates are closed, and the 
Kansas non-claim statute (K.S.A. 59-2239) prohibits Range, as operator, 
from taking legal action against these deceased royalty owners to 
obtain refunds. Applicant further submits that the refunds due from 
Herbert C. Voorhis and Joyce Voorhis in the total amount of $1,115.32 
should be deemed to be subject to a hardship ruling based upon the 
statement of their attorney. Applicant submits that these refunds 
should be deemed to be uncollectible and the Commission should waive 
the obligation of Range to make payment of the same to Williams.
    Therefore, Range requests that the Commission grant Range staff 
adjustments in the amount of $2,159.25 for taxes and interest as of 
December 31, 1997, in connection with the Statement of Refunds Due 
submitted to it on November 10, 1997, by Williams.
    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, DC 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. 98-7846 Filed 3-25-98; 8:45 am]
BILLING CODE 6717-01-M