55-1407: Recovery of production and conservation fees and taxes.
For purposes of this act, the price collected for the first sale of
natural gas shall be permitted to exceed any maximum price established
by such sections of this act, to the extent necessary to recover any
production and conservation fees and taxes attributable to such natural
gas.
History: L. 1979, ch. 171, § 7; May 29.
55-1408: Voluntary renegotiation of price provisions.
Nothing contained in this act shall prevent or limit the voluntary
renegotiation of price provisions contained in natural gas purchase contracts.
History: L. 1979, ch. 171, § 8; May 29.
55-1409: Enforcement of act by commission; rules and regulations.
Jurisdiction to implement and enforce the provisions of this
act is hereby conferred on the commission, except that nothing in such sections
of this act shall be construed to divest the district courts of Kansas of
jurisdiction to determine issues relating
to private contract rights. The commission may adopt such rules and regulations
to implement and enforce this act, as it deems necessary and proper.
History: L. 1979, ch. 171, § 9; May 29.
55-1410: Judicial review of commission's actions.
Any action of the commission under the Kansas natural gas pricing act is
subject to review by the supreme court in accordance with the act for
judicial review and civil enforcement of agency actions. Such review shall
be taken in the same manner and time as allowed by law for actions for review by the
court of appeals of orders of the commission which relate to rate
hearings.
History: L. 1979, ch. 171, § 10;
L. 1986, ch. 318, § 78; July 1.
55-1411: Price limitations to terminate December 31, 1984; reports by
commission; end-use allocation by commission, when.
All price limitations as defined in this act shall terminate
not later than December 31, 1984. The commission shall monitor and report
to the legislature at the commencement of each
regular session in each year this act remains in operation, the effect of
this act upon the availability
of natural gas in this state. In any case where the commission finds that
natural gas subject to this act has been or is being diverted to the interstate
market, it shall require that the quantity of natural gas which is the object
of any other sale of natural gas subject to this act for use as boiler fuel
to generate electricity, except for the use thereof for such purpose by
municipal utilities and rural electric cooperatives, be reduced in an amount
equal to the natural gas so diverted, and that such amount of natural gas
be allocated for other uses.
History: L. 1979, ch. 171, § 11; May 29.
55-1412: Credit of gross profits of emergency or spot sales of natural
gas in interstate commerce to customers; duties of commission.
The commission by appropriate action shall prescribe a method by which the
gross profits, including transportation charges, derived from sales of natural
gas produced in this state and sold in interstate commerce pursuant to section
2.68 of the general policy and interpretations of the
federal energy regulatory commission or section 311 of the natural gas policy
act of 1978, or under any similar statutory or regulatory provisions subsequently
adopted, by public utilities including pipelines subject to the jurisdiction
of the commission, or subsidiaries or affiliates of such utilities, are
credited against the bills of such utilities' customers located within this
state. If such a credit is not already being applied by any such utility,
the commission shall require that this be commenced within one hundred twenty
(120) days from the effective date of this act.
History: L. 1979, ch. 171, § 12; May 29.
55-1413: Certain natural gas distributors to apportion the savings accrued
from the operation of this act to its customers.
In any case where a natural gas distributor receives both intrastate
and interstate natural gas for its system, the commission, by order, shall
require any said distributor to apportion the amount of money saved in the
purchase of natural gas from the restrictions made by this act on the effect
of indefinite price escalator clauses to every customer of such distributor
without regard to their source of supply of natural gas.
History: L. 1979, ch. 171, § 13; May 29.
55-1414: Profits of pipelines from certain natural gas sales apportioned
to customers.
Any intrastate pipeline making an intrastate sale of natural
gas the purpose for which is to allow intrastate natural gas to be substituted
for interstate natural gas in the compressor facilities of an interstate
pipeline shall apportion the profit accrued from such sale to its natural
gas customers without regard to their source of supply.
History: L. 1979, ch. 171, § 14; May 29.
55-1415: Invalidity of part.
If any sentence, clause, subsection, or section of this act is held
unconstitutional or invalid by any court of competent jurisdiction it
shall be conclusively presumed that the legislature would have enacted
the remainder of the act not so held unconstitutional or invalid.
History: L. 1979, ch. 171, § 15; May 29.
55-1416 to 55-1423:
History: L. 1983, ch. 182, §§ 1 to 8;
Expired, Dec. 31, 1984.
55-1424: Natural gas purchase contracts; definitions.
For the purposes of this act, production taxes shall mean
that portion of ad valorem taxes assessed upon an oil and gas leasehold
estate, unit or fee, attributable to the production of natural gas, and
shall mean the Kansas mineral severance tax upon production of natural gas,
after allowance of the applicable credit provided by the law.
History: L. 1986, ch. 200, § 1; July 1.
55-1425: Same; provision preventing certain taxes from inclusion in
purchase price prohibited.
No contract for the sale or purchase of natural gas entered
into after the effective date of this act shall contain any provision which
prohibits or prevents production taxes from being negotiable as a
consideration in the contract
purchase price for such gas.
History: L. 1986, ch. 200, § 2; July 1.
55-1426: Same; production taxes allowed in purchase price, when; taxes
included deemed approved for purpose of purchased gas cost adjustments.
Any contract entered into after the effective date of this act
for the sale or purchase of natural gas may contain a provision which
allows production taxes to be included in the contract purchase price for
such gas. Any such production taxes so included in the contract price for
such gas in any such contract shall be considered to be included within a
just and reasonable purchase price for such gas and to the extent that such
production taxes are included in the contract purchase price for such gas,
such price shall be considered to be approved by the state corporation
commission for the purpose of purchased gas cost adjustments.
History: L. 1986, ch. 200, § 3; July 1.
55-1427: Same; act not applicable to direct purchases for irrigation purposes.
The provisions of this act shall not apply to direct sales of
natural gas by producers to users of natural gas for irrigation purposes
within the state of Kansas.
History: L. 1986, ch. 200, § 4; July 1.