History: L. 1915, ch. 281, § 1; May 22; R.S. 1923, 66-1201.
History: L. 1915, ch. 281, § 2; May 22; R.S. 1923, 66-1202.
History: L. 1907, ch. 279, § 1; March 14; R.S. 1923, 66-1203.
History: L. 1907, ch. 279, § 2; March 14; R.S. 1923, 66-1204.
History: L. 1907, ch. 279, § 3; March 14; R.S. 1923, 66-1205.
History: L. 1895, ch. 196, §§ 1 to 3; R.S. 1923, 66-1206 to 66-1208; Repealed, L. 1965, ch. 392, § 4; Jan. 2, 1966.
History: L. 1923, ch. 174, § 1; June 9; R.S. 1923, 66-1209.
History: L. 1931, ch. 238, §§ 1 to 3; Repealed, L. 1949, ch. 340, § 1; June 30.
History: L. 1933, ch. 88, § 1 (Special Session); L. 1988, ch. 356, § 263; Repealed, L. 2000, ch. 11, § 2; Mar. 23.
History: L. 2000, ch. 11, § 1; Mar. 23.
History: L. 1933, ch. 88, § 2 (Special Session); L. 1988, ch. 356, § 264; July 1, 1989.
History: L. 1933, ch. 88, § 3 (Special Session); L. 1986, ch. 318, § 125; July 1.
History: L. 1933, ch. 88, § 4 (Special Session); Nov. 27.
History: L. 1965, ch. 392, § 1; L. 2002, ch. 159, § 3; L. 2005, ch. 21, § 11; July 1.
History: L. 1965, ch. 392, § 2; Jan. 2, 1966.
History: L. 1965, ch. 392, § 3; L. 2002, ch. 159, § 4; May 23.
History: L. 1983, ch. 171, § 15; Repealed, L. 1984, ch. 187, § 17; Feb. 9.
(1) Whether disclosure will significantly aid the commission in fulfilling its functions;
(2) the harm or benefit which disclosure will cause to the public interest;
(3) the harm which disclosure will cause to the corporation, partnership or sole proprietorship; and
(4) alternatives to disclosure that will serve the public interest and protect the corporation, partnership or sole proprietorship.
(b) If the state corporation commission finds that disclosure is warranted pursuant to subsection (a), the commission shall give the corporation, partnership or individual proprietorship notice before disclosing the trade secret or confidential commercial information.
History: L. 1984, ch. 187, § 15; L. 2005, ch. 67, § 10; July 1.
(b) The board shall organize annually by the election from its membership of a chairperson and shall adopt such rules of procedure as the board deems necessary for conducting its business.
(c) The board shall hold such meetings as in its judgment may be necessary for the performance of its powers, duties and functions. Appointive members of the board shall receive compensation, subsistence allowances, mileage and other expenses for attending meetings of the board as provided by K.S.A. 75-3223, and amendments thereto.
(d) The state corporation commission shall provide such technical and clerical staff assistance as may be requested by the board in the administration of the provisions of this act.
(e) The board shall administer this act and shall have and may exercise the following powers, duties and functions:
(1) Employ an attorney as a consumer counsel;
(2) guide the activities of the consumer counsel; and
(3) recommend legislation to the legislature which in the board's judgment would positively affect the interests of utility consumers.
History: L. 1989, ch. 162, § 3; L. 1991, ch. 205, § 1; L. 1992, ch. 262, § 6; July 1.
(a) Represent residential and small commercial ratepayers before the state corporation commission;
(b) function as an official intervenor in cases filed with the state corporation commission, including rate increase requests;
(c) initiate actions before the state corporation commission;
(d) represent residential and commercial ratepayers who file formal utility complaints with the state corporation commission;
(e) intervene in formal complaint cases which would affect ratepayers; and
(f) make application for a rehearing or seek judicial review of any order or decision of the state corporation commission.
History: L. 1989, ch. 162, § 4; July 1.
History: L. 1989, ch. 162, § 5; July 1.
History: L. 1989, ch. 162, § 6; L. 1991, ch. 205, § 2; July 1.
(1) "Commission" means the state corporation commission;
(2) "alternative fuel" means any fuel defined as alternative fuel by 42 U.S.C.A. 13211(2).
(b) The commission shall coordinate and facilitate communication with other state agencies concerning alternative fuels and the duties provided for in this section. The commission shall specifically communicate and cooperate with:
(1) The secretary of transportation or the secretary's designee;
(2) the secretary of administration or the secretary's designee;
(3) the secretary of revenue or the secretary's designee;
(4) the secretary of health and environment or the secretary's designee;
(5) a designee of the state board of education who has experience with, or knowledge about, school bus transportation; and
(6) the secretary of agriculture or the secretary's designee.
(c) The commission shall:
(1) Develop a time table for the conversion of motor vehicles from conventional fuels to alternative fuels for the state of Kansas;
(2) develop criteria for which motor vehicles can or should be converted to alternative fuels;
(3) determine locales throughout the state with sufficient number of state-owned motor vehicles or fleet motor vehicles to make feasible appropriate refueling systems;
(4) identify problems that need to be overcome and possible solutions for implementing programs promoting alternative fueled motor vehicles;
(5) coordinate with the federal government, cities, counties, school districts and private motor vehicle fleet owners regarding co-op fueling stations, co-opted conversion functions and other alternative fuel matters to enable a cooperative atmosphere among such entities.
(6) develop a statewide plan and program for alternative fueled motor vehicles.
(d) The commission may invite private sector representatives of energy production industry, motor vehicle manufacturing industry, public utility industry or such other persons who can provide information on alternative fueled motor vehicles to testify to or participate with the commission in exercising its duties.
(e) The commission shall make a report to the governor and the legislature on or before the first day of the regular legislative session of 1995. Such report shall include a report on the progress in obtaining the goals established in subsection (c). The commission shall make its final report and recommendations to the governor and the legislature on or before the first day of the regular legislative session in 1996.
History: L. 1994, ch. 212, § 1; July 1.
(b) The state corporation commission has no authority to adopt or enforce energy efficiency standards for residential, commercial or industrial structures.
(c) Nothing in this section shall be construed to preclude a city or county from adopting or enforcing energy efficiency standards for structures within the jurisdiction of such city or county.
History: L. 1997, ch. 132, § 17; L. 2003, ch. 86, § 1; L. 2007, ch. 100, § 1; July 1.
(b) If a structure is subject to both the national manufactured housing construction and safety standards act (42 U.S.C. 5403) and the federal trade commission regulation on labeling and advertising of home insulation, 16 CFR section 460.16, both as in effect on the effective date of this act, the builder or seller may disclose, instead of the information required by subsection (a), the information regarding such structure that is required to be disclosed pursuant to such federal act and regulation.
History: L. 1997, ch. 132, § 18; L. 2003, ch. 86, § 2; L. 2007, ch. 100, § 2; July 1.
History: L. 2000, ch. 21, § 1; Mar. 30.
(a) "Public right-of-way" means only the area of real property in which the city has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired as right-of-way. The term does not include the easements obtained by utilities or private easements in platted subdivisions or tracts.
(b) "Public utility" means all public utilities as defined in K.S.A. 66-104, and amendments thereto, except that it does not include any public utilities included in the definitions set forth in K.S.A. 66-1,187, and amendments thereto.
History: L. 2002, ch. 148, § 1; May 23.
(b) Costs which are incurred by a public utility in excess of those normal and reasonable costs incurred by a public utility applying good utility practices due to actions of a city's governing body may file a tariff with the state corporation commission to add to the bill, statement or invoice of each end-user customer located within such city through a surcharge equal to a pro rata share of such costs.
(c) For purposes of this section and K.S.A. 66-1232, and amendments thereto, costs shall not include expenses specifically covered by any other cost recovery mechanism in existence as of April 1, 2002, including but not limited to franchise fees and relocation expenses.
(d) The fees and costs incurred by the utility identified in subsections (a) and (b) in excess of the amount included in the utility's existing rates shall be subject to review by the state corporation commission upon filing for recovery of the costs in a surcharge. Upon a finding by the commission that (1) the fees included for recovery in such surcharge were required to be paid by the utility as the result of action of the governing body of a city, (2) the costs were incurred as a result of action of the governing body of such city, (3) such costs were reasonably incurred to meet the requirements imposed by the governing body of such city and (4) the surcharge is applied to bills in a reasonable manner and is calculated to substantially collect the increase in fees and costs charged on the books and records of the utility, or reduce any existing surcharge based upon a decrease in fees and costs incurred on the books and records of the utility, the commission shall approve such tariffs within 30 days of the filing. If the commission determines that the surcharge is not applied to bills in a reasonable manner, the costs or portions thereof do not meet the above requirements or that the calculation is not adequately supported by the documentation provided in the filing, the commission, at its option, may either disapprove such tariff within 30 days of the filing and require resubmission by the utility, suspend the effective date of the tariff for an additional 60 days to receive appropriate documentation from the utility and/or modify such tariff in a manner that recovers in a reasonable manner the costs or portions thereof which meet the above requirements. Any over or under collection of the actual fees and costs charged to expense on the books of the utility shall be either credited or collected through the surcharge in subsequent periods. The establishment of a surcharge under this section shall not be deemed to be a rate increase for purposes of this act.
(e) Upon the filing of a tariff with the corporation commission pursuant to this act, the utility shall deliver to the affected city a complete copy of the filing. Such copy shall be delivered within 10 days of the filing with the corporation commission.
History: L. 2002, ch. 148, § 2; May 23.
(b) The provisions of this section and K.S.A. 66-1230 and 66-1231, and amendments thereto, shall expire on June 30, 2003.
History: L. 2002, ch. 148, § 3; May 23.
(1) "Electric public utility" means any electric public utility, as defined in K.S.A. 66-101a, and amendments thereto.
(2) "Natural gas public utility" means any natural gas public utility, as defined in K.S.A. 66-1,200, and amendments thereto.
(b) On and after July 1, 2002, the state corporation commission, upon application and request, shall authorize electric public utilities and natural gas public utilities to recover the utility's prudent expenditures for security measures reasonably required to protect the utility's electric generation and transmission assets or natural gas production and transportation assets by an adjustment to the utility's customers' bills. The application and request shall be subject to such procedures and conditions, including review, in an expedited manner, of the prudence of the expenditures and the reasonableness of the measures, as the commission deems appropriate. Such application and request shall be confidential and subject to protective order of the commission.
(c) The provisions of this section shall expire on July 1, 2011.
History: L. 2002, ch. 148, § 4; L. 2004, ch. 81, § 1; L. 2007, ch. 98, § 1; July 1.
History: L. 2003, ch. 132, § 1; May 1.
(a) Actual and threatened acts of terrorism directed at the American people make it clear that government must take enhanced measures to protect its citizens and provide for greater security of services essential to the public welfare.
(b) The threat of terrorism extends to utilities that provide basic services upon which individual citizens, schools, hospitals, nursing homes, day care centers, businesses and industry rely.
(c) Under these extraordinary circumstances, practices and procedures that would otherwise apply in regulatory proceedings shall not hamper the government in performing its most basic purposes: Providing for the security of its citizens and protecting the public welfare.
History: L. 2003, ch. 132, § 2; May 1.
(1) Confidentiality of information so that the amount of recovery requested, the amount of recovery allowed, the method of cost recovery requested and the method of cost recovery allowed is not disclosed;
(2) protective orders for all filings so that the citizens' utility ratepayer board may receive and review documents if the board intervenes;
(3) procedures to reflect rules of the United States nuclear regulatory commission or other regulatory bodies that govern the release of information and documentation which an applicant is required to submit to support the application or supply to the commission, commission staff or intervenors;
(4) the security cost recovery charge to be unidentifiable on customers' bills;
(5) the security cost recovery charge shall be allocated and added to all wholesale and retail rates and future contracts. Any contract existing on the effective date of this act, which does not specifically prohibit the addition of such charges, shall have such charges added;
(6) review of security-related filings in an expedited manner with reference only to security-related items to assure that the proposed items provide enhanced security;
(7) denial of any expenditure that the commission determines is not prudent or is not for security measures and approval of all other expenditures; and
(8) recovery of capital expenditures over a period equal to not more than 1/2 the usable lifetime of the capital investment.
(b) A determination by the commission of the prudence of an expenditure for security measures shall not be based on standard regulatory principles and methods of recovery and shall take fully into account the findings and intent of the legislature as stated in K.S.A. 2007 Supp. 66-1235, and amendments thereto.
(c) The provisions of this act and K.S.A. 66-1233, and amendments thereto, shall apply recovery of prudent expenditures for enhanced security incurred after September 11, 2001.
(d) Any confidential records or information relating to security measures provided or received under the provisions of this act and K.S.A. 66-1233, and amendments thereto, shall not be subject to subpoena, discovery or other demand in any administrative, criminal or civil action.
History: L. 2003, ch. 132, § 3; L. 2005, ch. 126, § 3; July 1.
(b) If an electric utility elects to recover its transmission-related costs through a transmission delivery charge, such electric utility shall have the right to implement a transmission delivery charge through an application to the commission.
(1) If an electric utility proposes to establish its initial transmission delivery charge other than in connection with an application to the commission that proposes a general retail rate change the commission shall, effective the same date as the effective date of the initial transmission delivery charge, unbundle the electric utility's retail rates in such a manner that the sum of the revenue to be recovered from the initial transmission delivery charge and the non-transmission-related retail rates will be consistent with the revenue that would be recovered from the retail rates in effect immediately prior to the effective date of the initial transmission delivery charge.
(2) If an electric utility proposes to establish its initial transmission delivery charge in connection with an application to the commission for a general retail rate change, the commission shall, in its order in such rate proceeding, determine the electric utility's transmission-related costs related to its service to Kansas retail customers and determine an initial transmission delivery charge sufficient to permit the electric utility to recover from its Kansas retail customers such utility's transmission-related costs incurred to provide service to such customers.
(c) All transmission-related costs incurred by an electric utility and resulting from any order of a regulatory authority having legal jurisdiction over transmission matters, including orders setting rates on a subject-to-refund basis, shall be conclusively presumed prudent for purposes of the transmission delivery charge and an electric utility may change its transmission delivery charge whenever there is a change in transmission-related costs resulting from such an order. The commission may also order such a change if the utility fails to do so. An electric utility shall submit a report to the commission at least 30 business days before changing the utility's transmission delivery charge. If the commission subsequently determines that all or part of such charge did not result from an order described by this subsection, the commission may require changes in the transmission delivery charge and impose appropriate remedies, including refunds.
History: L. 2003, ch. 80, § 2; L. 2007, ch. 44, § 1; Apr. 5.
History: L. 2003, ch. 81, § 32; July 1.
(1) "Commission" means the state corporation commission;
(2) "contract" means a public utility's contract for the purchase of electric power in the amount of at least $5,000,000 annually;
(3) "generating facility" means any electric generating plant or improvement to existing generation facilities;
(4) "stake" means a public utility's whole or fractional ownership share or leasehold or other proprietary interest in a generating facility or transmission facility;
(5) "public utility" has the meaning provided by K.S.A. 66-104, and amendments thereto; and
(6) "transmission facility" means: (A) Any existing line, and supporting structures and equipment, being upgraded for the transfer of electricity with an operating voltage of 34.5 kilovolts or more of electricity; or (B) any new line, and supporting structures and equipment, being constructed for the transfer of electricity with an operating voltage of 230 kilovolts or more of electricity.
(b) (1) Prior to undertaking the construction of, or participation in, a transmission facility, a public utility may file with the commission a petition for a determination of the rate-making principles and treatment, as proposed by the public utility, that will apply to the recovery in wholesale or retail rates of the cost to be incurred by the public utility to acquire such public utility's stake in the transmission facility during the expected useful life of the transmission facility.
(2) The commission shall issue an order setting forth the rate-making principles and treatment that will be applicable to the public utility's stake in the transmission facility in all rate-making proceedings on and after such time as the transmission facility is placed in service or the term of the contract commences.
(3) The commission in all proceedings in which the cost of the public utility's stake in the transmission facility is considered shall utilize the rate-making principles and treatment applicable to the transmission facility.
(4) If the commission fails to issue a determination within 180 days of the date a petition for a determination of rate-making principles and treatment is filed, the rate-making principles and treatment proposed by the petitioning public utility will be deemed to have been approved by the commission and shall be binding for rate-making purposes during the useful life of the transmission facility.
(5) If the commission does not have jurisdiction to set wholesale rates for use of the transmission facility the commission need not consider rate-making principles and treatment for wholesale rates for the transmission facility.
(c) (1) Prior to undertaking the construction of, or participation in, a generating facility or prior to entering into a new contract, a public utility may file with the commission a petition for a determination of the rate-making principles and treatment, as proposed by the public utility, that will apply to recovery in wholesale or retail rates of the cost to be incurred by the public utility to acquire such public utility's stake in the generating facility during the expected useful life of the generating facility or the recovery in rates of the contract during the term thereof.
(2) Any utility seeking a determination of rate-making principles and treatment under subsection (c)(1) shall as a part of its filing submit the following information: (A) A description of the public utility's conservation measures; (B) a description of the public utility's demand side management efforts; (C) the public utility's ten-year generation and load forecasts; and (D) a description of all power supply alternatives considered to meet the public utility's load requirements.
(3) In considering the public utility's supply plan, the commission may consider if the public utility issued a request for proposal from a wide audience of participants willing and able to meet the needs identified under the public utility's generating supply plan, and if the plan selected by the public utility is reasonable, reliable and efficient.
(4) The commission shall issue an order setting forth the rate-making principles and treatment that will be applicable to the public utility's stake in the generating facility or to the contract in all rate-making proceedings on and after such time as the generating facility is placed in service or the term of the contract commences.
(5) The commission in all proceedings in which the cost of the public utility's stake in the generating facility or the cost of the purchased power under the contract is considered shall utilize the rate-making principles and treatment applicable to the generating facility or contract.
(6) If the commission fails to issue a determination within 180 days of the date a petition for a determination of rate-making principles and treatment is filed, the rate-making principles and treatment proposed by the petitioning public utility will be deemed to have been approved by the commission and shall be binding for rate-making purposes during the useful life of the generating facility or during the term of the contract.
(d) The public utility shall have one year from the effective date of the determination of the commission to notify the commission whether it will construct or participate in the construction of the generating or transmission facility or whether it will perform under terms of the contract.
(e) If the public utility notifies the commission within the one-year period that the public utility will not construct or participate in the construction of the generating or transmission facility or that it will not perform under the terms of the contract, then the determination of rate-making principles pursuant to subsection (b) or (c) shall be of no further force or effect, shall have no precedential value in any subsequent proceeding, and there shall be no adverse presumption applied in any future proceeding as a result of such notification.
(f) If the public utility notifies the commission under subsection (d) that it will construct or participate in a generating facility or purchase power contract and subsequently does not, it will be required to notify the commission immediately and file an alternative supply plan with the commission per subsection (c) within 90 days.
History: L. 2003, ch. 148, § 1; L. 2004, ch. 120, § 9; July 1.
(a) "Appurtenances" means all substations, towers, poles and other structures and equipment necessary for the bulk transfer of electricity.
(b) "Bulk transfer" means the transport of a large amount of electricity at high voltage.
(c) "Commission" means the state corporation commission.
(d) "Construction or upgrade of an electric transmission line and appurtenances" means construction or upgrade of an electric transmission line and appurtenances to be used for the bulk transfer of 34.5 kilovolts or more of electricity.
(e) "Electric transmission line" means any line or extension of a line with an operating voltage of 34.5 kilovolts or more which is at least five miles in length and which is to be used for the bulk transfer of electricity.
History: L. 2004, ch. 120, § 1; July 1.
(a) The majority of the costs of the construction and upgrade is for construction and upgrade of lines and appurtenances located or to be located in this state; and
(b) the commission certifies that the portions of the lines and appurtenances located outside this state will improve the reliability and security of the state's electric transmission system or will contribute to the long-term economic well being of the state.
History: L. 2004, ch. 120, § 2; July 1.
History: L. 2004, ch. 120, § 3; July 1.
History: L. 2004, ch. 120, § 4; July 1.
(b) The commission shall afford the transactions described in this section with appropriate rate-making treatment, including the reasonable sharing of proceeds from asset sales between ratepayers and the utility.
History: L. 2004, ch. 120, § 5; July 1.
(b) The provisions of this section shall not apply to net revenues which are subject to the provisions of K.S.A. 66-1,184a, and amendments thereto.
History: L. 2004, ch. 120, § 7; July 1.
History: L. 2004, ch. 120, § 8; July 1.
(1) "Appurtenances" means all substations, towers, poles and other structures and equipment necessary for the bulk transfer of electricity.
(2) "Commission" means the state corporation commission.
(3) "Construction or upgrade of an electric transmission facility" means construction or upgrade of an electric line, and appurtenances, with an operating voltage of 115 kilovolts or more.
(b) Upon application, the commission may authorize recovery of costs associated with the construction or upgrade of an electric transmission facility if the commission finds that:
(1) (A) A regional transmission organization has identified such construction or upgrade as appropriate for reliable operation of the integrated electric transmission system or for economic benefits to transmission owners and customers; and (B) a state agency has determined that such construction or upgrade will provide measurable economic benefits to electric consumers in all or part of this state that will exceed anticipated project costs; and
(2) such costs are not being otherwise recovered.
(c) The commission shall review an application for recovery of costs pursuant to this section in an expedited manner if the application includes evidence that expedited construction or upgrade of the electric transmission facility will result in significant, measurable economic benefits to Kansas electric consumers. Recommendation or approval of construction or upgrade of an electric transmission facility by a regional transmission organization shall constitute a rebuttable presumption of the appropriateness of such construction or upgrade for system reliability or economic dispatch of power.
(d) In determining whether to approve recovery of costs pursuant to this section the commission may consider factors such as the speed with which Kansas electric consumers will benefit from the transmission facility and the long-term benefits of the transmission facility to Kansas electric consumers, or both, and whether such factors outweigh other less costly options. An application for recovery of costs pursuant to this section shall include such information as the commission requires to weigh such factors, including, but not limited to, information regarding estimated line losses, reactive power and voltage implications and long-term economic and system reliability benefits.
(e) Any recovery of costs authorized by the commission pursuant to this section shall be assessed against all electric public utilities, electric municipal utilities and electric cooperative utilities receiving benefits of the construction or upgrade and having retail customers in this state. Each such utility's assessment shall be based on the benefits the utility receives from the construction or upgrade. In determining allocation of benefits and costs to utilities, the commission may take into account funding and cost recovery mechanisms developed by regional transmission organizations and shall take into account financial payments by transmission users and approved by the federal energy regulatory commission or regional transmission organization. Each electric public utility shall recover any such assessed costs from the utility's retail customers in a manner approved by the commission and each electric municipal or cooperative utility shall recover such assessed costs from the utility's retail customers in a manner approved by the utility's governing body.
(f) All moneys collected by a utility from assessments authorized by the commission pursuant to this section shall be paid quarterly by the utility to the transmission operator or owner designated by the commission.
(g) Notwithstanding any other provision of law to the contrary, electric municipal utilities and electric cooperative utilities shall be subject to the jurisdiction of the commission for the limited purpose of implementing the provisions of this section.
History: L. 2005, ch. 169, § 14; Apr. 21.
(b) Such utilities may recover the cost of such financing and related program costs through tariffs approved by the state corporation commission pursuant to K.S.A. 66-117, and amendments thereto, and paid for by the customers benefitting from the installation of the energy conservation measures.
(c) Except as otherwise required by the state corporation commission, through the approved tariff or otherwise, such utilities shall assume no liability for the installation, operation or maintenance of such measures, and shall not provide any warranty as to the merchantability of the measures, or its fitness for a particular purpose, and no action shall be maintained against any such utility the basis of which is such liability or warranty.
(d) Nothing in this section shall be construed to limit any rights or remedies of utility customers and landlords of utility customers against other parties to a transaction involving the purchase and installation of energy conservation measures.
History: L. 2007, ch. 58, § 1; July 1.