Applications, hearings, determinations, etc.: Lawhorn, Ruth,

[Federal Register: April 29, 1998 (Volume 63, Number 82)]

[Notices]

[Page 23428-23429]

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

[DOCID:fr29ap98-47]

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. SA98-79-000]

Ruth Lawhorn; Notice of Petition For Adjustment

April 23, 1998.

Take notice that on March 30, 1998, Ruth Lawhorn (Lawhorn) fileda petition, pursuant to section 502(c) of the Natural Gas Policy Act of 1978 (NGPA) [15 U.S.C. Sec. 3142(c) (1982)],\1\ for

[[Page 23429]]

adjustment relief from refunding the Kansas ad valorem tax reimbursements attributable to Lawhorn's royalty interest in a well (or wells) located in the East Mansur Field and operated by Olympic Petroleum Company (Olympic). Lawhorn's petition indicates that Williams Gas Pipelines Central, Inc., formerly: Williams Natural Gas Company Williams) served Olympic with the Statement of Refunds Due, and that Olympic is now seeking to recover Lawhorn's royalty interest share of that refund, for flow-through to Williams. Lawhorn asserts that paying the refund will cause she and her husband to endure a special hardship. Lawhorn's petition is on file with the Commission and open to public inspection.

\1\ The Commission's regulations governing adjustment petitions are set forth in Subpart K of the Commission's Rules of Practice and Procedure [18 CFR 385.1101-385.1117].

On September 10, 1997, in Docket No. RP97-369-000 et al, the Commission issued an order,\2\ on remand from the D.C. Circuit Court of Appeals,\3\ that directed first sellers to make Kansas ad valorem tax refunds, with interest, for the period from 1983 to 1988. The Commission subsequently stated, in its January 28, 1998 Order Clarifying Procedures [82 FERC para. 61,059 (1998)] that producers could file NGPA section 502(c) adjustment petitions for relief from the refund requirement if, among other things, the payment of the Kansas ad valorem tax refund would cause the producer to endure a special hardship, within the meaning of section 502(c) of the NGPA.

\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.3rd 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).

Lawhorn states: 1) That she and her husband have been retired for 10 years; 2) that no restrictions were placed on the cashing of their royalty checks and, therefore, that they did not place any royalty check money into escrow; 3) that both she and her husband are in poor health and have serious medical problems, with correspondingly exorbitant medical bills; and 4) that they cannot repay the amount sought by Olympic \4\ and still buy the medicine they need to continue to live.

\4\ Lawhorn's petition includes a March 18, 1998 letter from Olympic to Lawhorn, in which Olympic indicates that a Schedule attached to the letter shows the refund amount Lawhorn owes. The petition, however, does not include that Schedule.

In view of the above, Lawhorn requests that the Commission grant an adjustment, relieving Lawhorn from paying the Kansas ad valorem tax refund sought by Olympic, on the basis that paying the refund will cause Lawhorn to endure a special hardship.

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 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, Acting Secretary.

[FR Doc. 98-11310Filed4-28-98; 8:45 am]

BILLING CODE 6717-01-M