[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Notices]
[Page 13847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7398]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. SA98-12-000]


Estate of J.A. Mull, Jr.; Notice of Petition for Adjustment

March 17, 1998.
    Take notice that on March 5, 1998, the Estate of J.A. Mull, Jr. 
(Mull Estate) filed a petition for adjustment, pursuant to section 
502(c) of the Natural Gas Policy Act of 1978 [15 U.S.C. Sec. 3142(c) 
(1982)], requesting that the Commission issue an order determining that 
the Kansas ad valorem tax refunds required by the Commission's 
September 10, 1997 order (in Docket No. RP97-369-000 et al.\1\) on 
remand from the D.C. Circuit Court of Appeals,\2\ are barred by 
operation of law. The subject refunds have been sought by Williams Gas 
Pipelines Central, Inc., formerly: Williams Natural Gas Company 
(Williams), in response to the Commission's September 10 order. Mull 
Estate's petition is on file with the Commission and open to public 
inspection.
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    \1\ See 80 FERC para. 61,264 (1997); order denying reh'g issued 
January 28, 1998, 82 FERC para. 61,058 (1998).
    \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).
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    Mull Estate explains that J.A. Mull is deceased, and that his 
estate is now closed. Mull Estate adds that Williams was notified that, 
although the estate was open and in probate, the estate was in the 
process of closing. Mull Estate further explains that, despite such 
notification, Williams did not protect its rights by establishing a 
claim with respect to the Kansas ad valorem tax reimbursements that 
Williams previously paid under Williams Contract Nos. 1518 and 1573. 
Since Mr. Mull's estate is now closed, the assets of the estate have 
passed to Mr. Mull's heirs.
    In view of the above, Mull Estate contends that the Commission 
should find that Williams' refund claim against the estate is barred by 
operation of law, specifically, by Kansas' K.S.A. 55-2239, nonclaim 
statute. Mull Estate contends that this Kansas statute establishes a 
statute of limitations and an absolute bar against claims against a 
deceased individual which are not properly asserted during the pendency 
of the probate proceedings.
    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 384.214, 385.211, 385.1105 and 385.1106). All 
protests filed with 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. 98-7398 Filed 3-20-98; 8:45 am]
BILLING CODE 6717-01-M