[Federal Register Volume 64, Number 198 (Thursday, October 14, 1999)]
[Notices]
[Page 55706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26818]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RP98-52-000]
Williams Gas Pipelines-Central, Inc.; Notice of Offer of
Settlement
October 7, 1999.
Take notice that on October 1, 1999, the Missouri Public Service
Commission (MoPSC), Williams Gas Pipelines-Central, Inc., formerly
Williams Natural Gas Company (Williams) and Missouri Gas Energy, a
division of Southern Union Company (collectively called Sponsoring
Parties) filed an Offer of Settlement under Rule 602 of the
Commission's Rules of Practice and Procedure in the captioned docket.
Sponsoring Parties filed the Offer of Settlement to facilitate and
expedite the Commission's implementation of the decision of the United
States Court of Appeals for the District of Columbia Circuit in Public
Service Company of Colorado.\1\ The Sponsoring Parties state the Offer
of Settlement is intended to provide relief to small producers from
their ad valorem tax refund liability and to reduce the administrative
burdens on the Commission, its staff, first sellers and numerous
interest owners and intervenors associated with the various proceedings
pending at the Commission relating to such tax liability. A copy of the
Offer of Settlement is on file with the Commission and is available for
public inspection in the Public Reference Room. The Offer of Settlement
may be viewed on the web at http://www.ferc.fed.us/online/rims.htm
(call 202-208-2222 for assistance).
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\1\ Public Service Co. of Colorado, et al., 80 FERC para.61,264
(1997), reh'g denied, 82 FERC para. 61,058 (1998). Appeal pending.
Anadarko Petroleum Corporation v. FERC, Case No. 98-1227 et al.
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To achieve these objectives, the Offer of Settlement provides a
$50,000 credit towards the ad valorem tax refund liability of the first
sellers listed in the Statement of Refunds Due filed by Williams on
November 18, 1997, as adjusted in Exhibit A to the Offer of Settlement
to reflect subsequent corrections. Any first seller with a refund
obligation of $50,000 or less for principal and interest will have its
ad valorem tax refund waived in its entirety. First sellers with refund
liabilities of $50,000 or less are not required to give up any rights
or provide any other consideration as a condition to receiving the
benefits. Sponsoring Parties state the Offer of Settlement would
eliminate the entire refund obligation of 40 of the 75 first sellers on
the Williams system.
Any first seller with a refund liability in excess of $50,000 as
listed in the Statement of Refunds Due filed by Williams on November
18, 1997, as adjusted in Exhibit A to reflect subsequent corrections,
is eligible to have its refund obligation reduced by $50,000. In order
to be eligible for the $50,000 credit, such first sellers must pay the
remaining refund liability (after deducting the $50,000), plus
additional accrued interest through date of payment, and agree to
withdraw all interventions, protests and court appeals related to the
ad valorem tax refund. First sellers who accept the terms for partial
waiver under the Offer of Settlement will be responsible for
negotiating with their underlying interest owners the amount of the
waiver relief applicable to their interest owners.
The Offer of Settlement also provides that any first seller listed
in Williams' Statement of Refunds Due with a refund liability of
$50,000 or less for principal and interest who has refunded to Williams
amounts which would be waived under Article II will receive a refund
from Williams of such amounts, plus additional accrued interest through
date of payment by Williams. In addition, Article III provides that if
Williams has previously received refunds directly from an interest
owner whose obligation was incurred under a first seller whose entire
refund obligation is waived pursuant to the agreement, Williams will
refund such payments to the interest owner within 60 days of the
effective date of the settlement. If jurisdictional refunds exceed the
amount of undisbursed Kansas ad valorem tax refunds held by Williams,
Williams will maintain a credit balance for the jurisdictional refunds.
Any subsequent Kansas ad valorem tax refunds received by Williams will
be used to reduce any credit balance before any disbursement is made to
customers. One hundred twenty days after the effective date of the
Offer of Settlement, Williams shall be permitted to direct bill any
remaining credit amounts.
In accordance with section 385.602(f), initial comments on the
Offer of Settlement are due on October 21, 1999 and any reply comments
are due November 1, 1999.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 99-26818 Filed 10-13-99; 8:45 am]
BILLING CODE 6717-01-M