Applications, hearings, determinations, etc.: Hummon Corp.,

[Federal Register: April 6, 1998 (Volume 63, Number 65)]

[Notices]

[Page 16772-16773]

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

[DOCID:fr06ap98-48]

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. SA98-41-001]

Hummon Corporation; Notice of Amendment to Petition for Adjustment and Request for Extension of Time

March 31, 1998.

Take notice that, on March 13, 1998, Hummon Corporation (Hummon) fileda supplement, in Docket No. SA98-41-001, amending its March 9, 1998 petition (in Docket No. SA98-41-000) for an adjustment of the Commission's refund procedures with respect to the Kansas ad valorem tax refunds claimed by Panhandle Eastern Pipe Line Company (Panhandle), in Panhandle's Statement of Refunds Due, filedin Docket No. RP98-40- 000. The March 9 petition was filedon behalf of Hummon and the working interest owners (First Sellers) for whom Hummon operated. Hummon's March 13 amendment deletes Alan Sturm from the list of First Sellers \1\ and updates the amount reported to be in dispute with Panhandle. Hummon's March 9 petition and March 13 amendment to the March 9 petition are on file with the Commission and open to public inspection.

\1\ The original list of First Sellers included--George C. Berryman, Donald M. Brod, Phyllis E. Brod Trust, Robert A. Clark, Floyd D. Crockett, Roy B. Henderson, George C. Hill, Byron E. Hummon, Jr., John L. Kiser, Willard J. Kiser, William Mowery Trust, Anne B. Porter Berryman, Alan Sturm and Arthur Vara, Jr.

Hummon's March 9 petition was filedin response to the Commission's September 10, 1997, order in Docket No. RP97-369-000 et al.,\2\ on remand from the D.C. Circuit Court of Appeals,\3\ which directed first sellers to make Kansas ad valorem tax refunds, with interest, for the period from 1983 to 1988. In that petition, Hummon requested:

\2\ See 80 FERC para. 61,264 (1997); order denying reh'g issued January 28, 1998, 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).

(1) A 90-day extension for making refunds, so First Sellers and Panhandle could resolve disputes over refund liability, or submit the unresolved disputes to the Commission for resolution;

(2) A 1-year deferral of payment on principal and interest attributable to royalties;

(3) That First Sellers be allowed to escrow--(a) disputed amounts, (b) principal and interest attributable to royalty refunds which have not been collected from royalty owners; (c) principal and interest on amounts attributable to production prior to October 4, 1983; and (d) interest on all other principal amounts claimed to be due by Panhandle; and

(4) That the Commission determine that Hummon is not a working interest owner or first seller of any of the production with respect to which the tax reimbursements were made and, therefore, that Hummon has no refund liability to Panhandle.

The March 9 petition stated that Panhandle's refund claim was for $11,440.19, and that this covered 100 percent of the Kansas ad valorem tax reimbursements, including interest through March 9, 1998. Hummon's March 13 amendment states that First Seller's proportionate share of the refund amount claimed by Panhandle in its Statement of Refunds Due is $6,472.57, of which $19.91 has been paid to Panhandle and $6,452.66 has been placed into escrow.

Any person desiring to answer Hummon's March 13 amendment 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

[[Page 16773]]

Procedure (18 CFR 385.213, 385.215, 385.1101, and 385.1106). Linwood A. Watson, Jr., Acting Secretary.

[FR Doc. 98-8880Filed4-3-98; 8:45 am]

BILLING CODE 6717-01-M