Applications, hearings, determinations, etc.: Burlington Resources Oil & Gas Co.,

[Federal Register: November 18, 1998 (Volume 63, Number 222)]

[Notices]

[Page 64075]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr18no98-70]

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. SA99-1-000]

Burlington Resources Oil & Gas Company; Notice of Petition for Adjustment

November 12, 1998.

Take notice that on October 30, 1998, Burlington Resources Oil & Gas Company (Burlington), fileda petition for adjustment under section 502(c) of the Natural Gas Policy Act of 1978 (NGPA), requesting an order from the Commission finding that Burlington has no Kansas ad valorem tax refund liability to Panhandle Eastern Pipe Line Company (Panhandle), under the Commission's September 10, 1997 order in Docket No. RP97-369-000 et al.\1\ Burlington's petition is on file with the Commission and open to public inspection.

\1\ See 80 FERC para. 61,264 (1997); order denying rehearing 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 \2\ directed First Sellers under the NGPA to make Kansas ad valorem tax refunds, with interest, for the period from 1983 to 1988.

\2\ 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).

Panhandle served Southland Royalty Company (Southland) with a Kansas ad valorem tax refund claim. Burlington states that Southland was merged into Burlington on January 1, 1996, i.e., Burlington is Southland's successor.

Burlington further states that Southland entered into a November 24, 1992 Letter Agreement with Panhandle, which terminated the applicable Gas Purchase Agreements giving rise to Southland's refund obligation to Panhandle. Burlington adds that Paragraph 7 of that Letter Agreement released the parties from any claims under those contracts. In view of this, Burlington contends that Panhandle's Kansas ad valorem tax refund claim is a claim against Southland that relates to the Southland-Panhandle contracts and that, as such, Panhandle assumed the risk of and liability for the subject refunds. Accordingly, Burlington contends that it does not owe any refunds to Panhandle.

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, 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 filedwith 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, Secretary.

[FR Doc. 98-30818Filed11-17-98; 8:45 am]

BILLING CODE 6717-01-M

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