Kansas Administrative Code

Application for compensation. An intervenor who wishes to apply for an award of compensation shall file within thirty (30) days after filing of an application, a complaint, or an order of the commission initiating a proceeding: (a) A petition to intervene. (b) An application sett…

Preliminary hearing. To deter- mine eligibility for compensation, a preliminary hearing for the presentation of evidence by all parties to the proceeding shall be held within a reasonable time after the final date for intervenor filing of an application for compensation. (Au- tho…

Preliminary commission de- termination. The preliminary commission deter- mination shall contain a ruling on the following: (a) Whether the intervenor has met its burden of showing significant financial hardship. (b) A designation, if appropriate, to join as one (1) party all int…

Accounting of costs. (a) Within ten (10) days after the close of the hearing any in- tervenor seeking compensation shall file with the secretary of the commission a complete itemized accounting of its actual costs. (b) All records of the intervenor pertaining to costs for which c…

Award of compensation. (a) At the close of the hearing the commission shall per- mit all parties to submit written briefs comment- ing on intervenor compensation. (b) The commission shall make a final award of compensation to eligible intervenors if in its opin- ion the interveno…

Payment of compensation. (a) Costs of compensation shall be assessed against the utility or utilities participating in the proceeding. (b) Payment shall be made by the affected utili- ty or utilities directly to the intervenor within thir- ty (30) days after service of the commis…

Relationship to other rules. This article applies only to compensation of con- sumer intervenors of electric utilities subject to title I of PURPA. Nothing in this rule shall be con- strued to limit in any way the ability of a person to intervene under K.A.R. 82-1-225. (Authorize…

This article will apply to all hearings in which PURPA positions are raised and intervenors in dockets already opened shall be able to seek compensation as of the effective date of this rule. (Authorized by K.S.A. 66-106, 66-1,185; implementing K.S.A. 66-1,185; effective, E-81-42…

Consumer information and ed- ucation; telephone preference service sub- scribership; information for telephone so- licitors. (a)(1) On or before September 1, 2001, Southwestern Bell Telephone Company shall co- ordinate an industrywide forum of all interested local exchange carrie…

Definitions. The following terms as used in this regulation and the identified sec- tions of the regulations adopted by reference are defined as follows: (1) The term “carrier” as used in 18 C.F.R. 352, means an oil or natural gas liquid pipeline compa- ny as defined as a common …

Rate applications of oil and natu- ral gas liquid pipeline companies.(a)Scope.An oil or natural gas liquid pipeline company whose rates are under review by this commission at the request of the applicant, or as a result of investi- gation, complaint or any other procedure, shall …

Revisions of application and schedules. (a) If an oil or natural gas liquid pipeline company desires to make revisions to its application and schedules, other than minor cor- rections and insertions which can only be made by interlineation without unduly prolonging a hearing with…

Annual report.Everyoilornatural gas liquid pipeline company subject to the com- mission’s jurisdiction shall file with the commis- sion a copy of form No. 6, “Annual Report of Oil Pipeline Companies” which has been filed with the Federal Energy Regulatory Commission. This report …

Suspension of certificate for fail- ure to comply with regulations. The certificate of any oil or natural gas liquid pipeline company who fails to comply with the rules and regulations of the commission or the laws of the state of Kan- sas may be suspended. This failure shall be …

Definitions. The following terms, as used in this article and in the identified sections of the federal regulations adopted by reference, shall be defined as specified in this regulation: (a) “Area of residential development” means a location in which over 25 residential customer…

Drug and alcohol testing. The federal regulations titled “drug and alcohol test- ing,” 49 C.F.R. Part 199 as in effect October 1, 2018, excluding sections labeled “reserved,” are hereby adopted by reference only as they apply to operators of pipeline facilities that deal in the t…

Fees. (a) Except as specified in subsection (b), the fee for each person covered under K.S.A. 66-1,153 and K.S.A. 66-1,154, and amendments thereto, shall be $1.00 per meter for each calendar year. (b) The minimum annual fee shall not be less than $100.00 for each calendar year. T…

Enforcement procedures. Reg- ulations adopted by the commission pursuant to the gas pipeline safety act, and amendments there- to, shall be investigated by the gas pipeline safety section of the commission. As necessary to ensure compliance with this article of the commission’s r…

Transportation of natural and other gas by pipeline; annual reports and incident reports. The federal regulations titled “transportation of natural and other gas by pipe- line; annual reports, incident reports, and safety- related condition reports,” 49 C.F.R. Part 191, as in eff…

Transportation of natural and other gas by pipeline; minimum safety stan- dards. The federal regulations titled “transpor- tation of natural and other gas by pipeline: min- imum federal safety standards,” 49 C.F.R. Part 192, including appendices B, C, D, and E, as in effect on Oc…

Addressee for written reports. Each written report required by the regulations of this article shall be made to the commission, gas pipeline safety section, Topeka, Kansas. Annu- al reports and incident reports shall be submitted in duplicate. A copy of the distribution system in…

Procedures to ensure compli- ance with minimum safety standards. The following procedures may be utilized by the com- mission to ensure compliance with the minimum safety standards of this article of the commission’s regulations: (a) Annual audit-inspection. Inspec- tors from the…

Reporting requirements. (a) Small gas operators. (1) Each small gas operator shall notify the gas pipeline safety section when the small gas opera- tor has contracted with a consultant to perform a survey or inspection in order to comply with the minimumsafetystandards.Eachsmallg…

Customer installations: location and monitoring responsibility. (a) For residen- 352 CORPORATION COMMISSION 82-11-9 tial and small commercial customers, the operator maylocateameterateitherthecustomer’sbuilding wall or the customer’s property line or easement. (b)Forindustrialand…

Waiver provisions. (a) Upon ap- plication by any person engaged in the transpor- tation of gas or the operation of pipeline facilities, compliance with any regulation of this article that is not incorporated by reference from 49 CFR 191-192 may be waived, in whole or in part, by …

Definitions. The following terms shall have the meaning set out below when ap- plied to these regulations. (a) “Commission” means the state corporation commission of Kansas. (b) “Electric supply line” means any overhead or underground transmission or distribution line for electri…

Adoption by reference of the national electrical safety code, or NESC, 1997 edition. The standard entitled the “national electrical safety code,” or NESC, of the american national standards institute, 1997 edition, ANSI C2-1997, approved June 6, 1996, and published by the institu…

Utility applications for electric supply lines. Each utility proposing to build a new electric supply line, or contemplating a change in an existing electric supply line located outside the corporate limits of any city, shall pres- ent an application to the commission for approva…

Exceptions to 82-12-3 applica- tion. (a) Any utility may proceed with necessary construction, in cases of emergency, after written or telephone communication with the commis- sion establishing need and securing emergency approval from the commission, if: (1) The utility complies …

Notice of construction of elec- tric supply lines. On or before the day a utility makes an application to the commission for any contemplated electric supply line construction, change in construction, or change in operating conditions to be located outside the corporate limits of…

Requirements for the installa- tion of warning buoys and warning spheres installed in connection with electric lines crossing water areas suitable for sailboat- ing. (a) Each electric utility in Kansas that main- tains electric lines over water areas, other than rivers, streams a…

Utility requirements for tele- communication supply lines. A utility may pro- ceed with construction of any telecommunication supply line if both of the following requirements are met: (a) Before beginning construction, the utility shall give written notice to all of the followin…

Coordinated location of lines. In order to provide for the efficient and effective use of the public and private roads, each utility constructing supply lines shall locate those lines in conformance with the following requirements. (a) When there are two or more practical meth- o…

Inductive coordination. When there is inductive interference, each affected util- ity shall work out an agreement to attain inductive coordination. When such an agreement is neces- sary, the most convenient and economical method consistent with effectiveness shall be employed whe…

Definitions. The following terms shall have the meanings specified below when used in these regulations: (a) “Commission” means the state corporation commission of the state of Kansas. (b) “Competitive local exchange carrier” means a corporation, company, individual, or associati…

Procedures to protect custom- ers from loss of telephone service when car- riers cease operations. (a) Each competitive local exchange carrier providing local service through a resale arrangement shall provide its customers with at least a 30-day notice before discontinuing servi…

Definitions. The following terms as used in the administration and enforcement of the Kansasundergroundutilitydamagepreventionact, K.S.A. 66-1801 et seq. and amendments thereto, shall be defined as specified in this regulation. (a) “Backreaming” means the process of enlarg- ing t…

Excavator requirements. In ad- dition to the provisions of K.S.A. 66-1804, K.S.A. 66-1807, K.S.A. 66-1809, and K.S.A 66-1810 and amendments thereto, the following requirements shall apply to each excavator: (a) If an excavator directly contacts a tier 2 member or a tier 3 member,…

Operator requirements. In ad- dition to the provisions of K.S.A. 66-1806, K.S.A. 66-1807, and K.S.A. 66-1810 and amendments thereto, the requirements specified in this regula- tion shall apply to each operator. (a) Each operator shall inform the notification center of its electio…

Notification center require- ments. In addition to the provisions of K.S.A. 66-1805 and amendments thereto, the executive director of the notification center shall ensure that the following requirements are met: (a) Notice shall be provided to each affected op- erator of a tier 1…

Tier 3 member notification re- quirements. In addition to meeting the require- ments of K.A.R. 82-14-3(e), each tier 3 member shall ensure that the following requirements are met: (a) A record of receipts for each notice of intent of excavation shall be maintained for at least tw…

Violation of act; enforcement procedures.(a)Afterinvestigation,ifthecommis- sion staff believes that there has been a violation or violations of K.S.A. 66-1801 et seq. and amend- ments thereto or any regulation or commission order issued pursuant to the Kansas underground 364 COR…

Application for a video service authorization certificate. (a) Each entity seek- 365 Electric Utility Renewable Energy Standards 82-16-1 ing to provide cable or video service on or after July 1, 2006 shall file an application with the com- mission for a video service authorizatio…

Definitions. As used in these regu- lations, the following definitions shall apply: (a) “Act” means renewable energy standards act (RESA), K.S.A. 66-1256, 66-1257, and 66-1259 and amendments thereto. (b) “Auxiliary power” has the meaning assigned to “station power” in K.S.A. 66-1…

Renewable energy goal and report. (a) Any utility may attain the renewable energy goal in K.S.A. 66-1256, and amendments thereto, by maintaining a portfolio of renewable capacity from generation, purchased energy, RECs, or net metering systems. 367 Electric Utility Renewable Ener…

(Authorized by and implementing K.S.A. 2009 Supp. 66-1261; effective Nov. 19, 2010; revoked Feb. 24, 2017.)

Retail revenue requirement. The retail revenue requirement attributable to attainment of the renewable energy goal shall be calculated as follows for each utility: (a) In conjunction with the reports required by K.A.R. 82-16-2, each affected utility shall cal- culate the retail r…

(Authorized by K.S.A. 2009 Supp. 66-1261; implementing K.S.A. 2009 Supp. 66- 1257 and 66-1262; effective Nov. 19, 2010; re- voked Feb. 24, 2017.)

Renewable energy credit pro- gram. (a) Renewable energy credits shall be is- sued and used as part of a REC program either established or approved by the commission. Each application for approval of any program not ap- proved by the commission in any prior year shall be submitted…

Definitions. The following terms used in the administration and enforcement of the Kansas net metering and easy connection act, K.S.A. 66-1263 through 66-1271 and amend- ments thereto, shall be defined as specified in this regulation. (a) “Act” means the net metering and easy con…