[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
