[Federal Register: April 28, 1998 (Volume 63, Number 81)]
[Notices]               
[Page 23281-23282]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap98-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket Nos. SA98-71-001 and SA98-71-002]

 
Graham-Michaelis Corporation; Notice of Amendment To Petition for 
Adjustment and Request for Extension of Time

April 22, 1998.
    Take notice that on March 26, 1998, Graham-Michaelis Corporation 
(GMC), filed a second supplement amending its March 10, 1998, petition 
for adjustment, pursuant to Section 502(c) of the Natural Gas Policy 
Act of 1978 (NGPA), regarding its Kansas ad valorem refund liability 
and the refund liability of the working interest owners for whom GMC 
operated.\1\ On September 10, 1997, the Commission issued an order in 
Docket No. RP97-369-000, et al.,\2\ order on remand from the D.C. 
Circuit Court of Appeals,\3\ directing first sellers to make Kansas ad 
valorem tax refunds, with interest, for the period from 1983 to 1988. 
GMC's March 10 petition, as amended, is on file with the Commission and 
open to public inspection.
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    \1\ As set forth in the March 10, petition, GMC's working 
interest owners included: W.A. Michaelis, Jr. Revocable Trust; John 
L. James Revocable Trust; Ross Beach; Dail C. West; Graham 
Enterprises; William L. Graham Revocable Trust; Betty Harrison 
Graham Revocable Trust; GrahamCo.; Paul Ward Trust ``B''; Margaret 
L. Roberts; David M. Dayvault Revocable Trust; Jack L. Yinger 
Revocable Trust; K & B Producers, Inc.; William Graham, Inc.; 
William Graham, Jr.; Chas. A. Neal & Company; March Oil Company; 
Minatome Corporation; Lake Forest Academy; and Melissa S. Elliott 
Trust.
    \2\ See 80 FERC para. 61,264 (1997); order denying reh'g, 82 
FERC para. 61,058 (1998).
    \3\ Public Service Company of Colorado v. FERC, 91 F.3d 1478 
(D.C. Cir. 1996), cert. denied, 65 U.S.L.W. 3751 and 3754 (May 12, 
1997) (Nos. 96-954 and 96-1230).
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    The March 10 petition pertains to Kansas ad valorem tax refund 
claims submitted to GMC by Colorado Interstate Gas Company (CIG), for 
GMC and the working interest owners for whom GMC operated. GMC's March 
10 petition requested that the Commission grant a 90-day extension of 
the Commission's March 9, 1998, refund deadline, to allow GMC, its 
working

[[Page 23282]]

interest owners and CIG to come to an agreement on the proper amount of 
refunds due and to submit any unresolved dispute to the Commission. The 
March 10 petition also requested that the Commission grant an 
adjustment of its refund procedures:
    (1) to allow GMC and its working interest owners a 1-year deferral 
(until March 9, 1999) on the payment of principal and interest 
attributable to royalties; and
    (2) to allow GMC and its working interest owners to escrow refund 
amounts presently in dispute, and (a) the principal and interest 
attributable to royalty refunds which have not been collected, (b) the 
principal and interest attributable to production prior to October 4, 
1983, (c) the interest on royalty amounts that have been recovered from 
the royalty owners where the principal has been refunded, and (d) the 
interest on all reimbursed principal determined to be refundable as 
being in excess of maximum lawful prices, excluding interest retained 
under (a), (b), and (c) above.
    As set forth in the March 10 petition, GMC stated that it prepared 
schedules recalculating the aggregate total refund it believes is owed 
to CIG ($359,688.28) and submitted this information to its working 
interest owners.
    GMC's March 13, 1998, first supplement to the March 10 petition 
amended the March 10 petition by adding: 1) Frances B. Smith Trust; 2) 
North Dakota University; and 3) Fred and June MacMurray Trust to the 
list of working interest owners covered by the March 10 petition, and 
by revising GMC's aggregate total refund calculation from $359,688.28 
to $365,973.60.
    GMC's March 26, 1998, second supplement to the March 10 petition 
amended the petition by adding Notre Dame University to the list of 
working interest owners covered by the March 10 petition, and by 
further revising GMC's aggregate total refund calculation, from 
$365,973.60 to $370,220.01.
    Any person desiring to answer GMC's March 13 and March 26 
amendments should file such answer with the Federal Energy Regulatory 
Commission, 888 First Street, N.E., Washington, D.C. 20426, on or 
before 15 days after the date of publication of this notice in the 
Federal Register, in accordance with the Commission's Rules of Practice 
and Procedure (18 CFR 385.213, 385.215, 385.1101, and 385.1106).
David P. Boergers,
Acting Secretary.
[FR Doc. 98-11171 Filed 4-27-98; 8:45 am]
BILLING CODE 6717-01-M