Chapter 66, PUBLIC UTILITIES

66-101f. Same; commission orders and decisions. (a) If after investigation and hearing the rates or rules and regulations of any electric public utility governed by this act are found unjust, unreasonable, unfair, unjustly discriminatory or unduly preferential, or in any way in v…

66-101g. Same; liberal construction; incidental powers granted. As applied to regulation of electric public utilities, the provisions of this act and all grants of power, authority and jurisdiction herein made to the commission, shall be liberally construed, and all incidental po…

66-101h. Same; general supervision and inspection of utilities; damage liability. The commission shall have general supervision of all electric public utilities doing business in this state and shall inquire into any neglect or violations of the laws of this state by any electric…

66-101i. Commission authorized to approve contract electric rates outside a general rate proceeding; cost recovery from rate classes; commission status report to the legislature. (a) Notwithstanding the provisions of K.S.A. 66-101b and 66-109, and amendments thereto, the commissi…

66-101j. Commission authorized to approve economic development rate schedules that provide discounts from standard rates; cost recovery prohibited; commission status report to the legislature. (a) Notwithstanding the provisions of K.S.A. 66-101b or 66-109, and amendments thereto,…

66-104. Utilities subject to supervision; exceptions. (a) As used in this act, "public utility" means every corporation, company, individual, association of persons, their trustees, lessees or receivers, that now or hereafter may own, control, operate or manage, except for privat…

66-104a. Certain telephone utilities not subject to commission jurisdiction; conditions. (a) Except as otherwise provided in subsection (b), no telephone public utility shall be subject to the jurisdiction, regulation, supervision and control of the state corporation commission i…

66-104b. Electric cooperative public utilities not subject to commission jurisdiction; conditions; exceptions. (a) Except as otherwise provided in subsection (b), no electric cooperative public utility, which is a nonprofit membership corporation, shall be subject to the jurisdic…

66-104c. Certain nonprofit public utilities not subject to commission jurisdiction. (a) Except as otherwise provided in subsection (b), no nonprofit public utility shall be subject to the jurisdiction, regulation, supervision and control of the state corporation commission if the…

66-104d. Certain electric cooperative public utilities not subject to commission jurisdiction; conditions; exceptions. (a) As used in this section, "cooperative" means any: (1) Corporation organized under the electric cooperative act, K.S.A. 17-4601 et seq., and amendments theret…

66-104e. Jurisdiction over certain water or natural gas public utilities otherwise subject to city regulation. (a) Any city by ordinance may relinquish to the state corporation commission the city's power and authority under K.S.A. 66-104, and amendments thereto, to control and r…

66-104f. Jurisdiction over municipal electric or natural gas public utilities; limitations. (a) The rates, charges and terms and conditions of service of a municipally owned or operated electric or natural gas public utility for retail services provided outside of and more than t…

66-104g. Certain natural gas cooperative public utilities not subject to commission jurisdiction; conditions; exceptions. (a) Except as otherwise provided in subsection (f), a natural gas cooperative public utility may elect to be exempt from the jurisdiction, regulation, supervi…

66-105. Common carriers defined. As used in this act, "common carriers" shall include all freight-line companies, equipment companies, pipe-line companies, and all persons and associations of persons, whether incorporated or not, operating such agencies for public use in the conv…

66-105a. Gas gathering systems excluded from "public utility" and "common carrier"; commission authority, curtailment of service to end users on gathering system. (a) The term "public utility" as used in K.S.A. 66-104, and amendments thereto, and the term "common carriers" as use…

66-106. Rules and regulations; assessment of costs; conferral with other authorities; agreements; contributions and grants; joint investigations, hearings, orders; state and federal proceedings; duties of attorney general. (a) The state corporation commission shall have power to …

66-109. Variations from schedule of rates. No common carrier or public utility governed by the provisions of this act shall, knowingly or willfully, charge, demand, collect or receive a greater or less compensation for the same class of service performed by it within the state, o…

66-114. Giving testimony or evidence in proceedings involving alleged violation of act. No person shall be excused from testifying or from producing any books, accounts, maps, papers or documents in any action or proceeding, based upon or growing out of any alleged violation of a…

66-115. Effective date of orders; prima facie reasonable. Except as otherwise provided in K.S.A. 66-117 and amendments thereto, all orders, regulations, practices, services, rates, fares, charges, classifications, tolls, and joint rates fixed by the commission shall be in force a…

66-117. Change of rates or schedules; procedure; effective date; higher rates of return on investment in certain cases; hearing; property tax surcharge authorized; assessment of regional rate competitiveness and economic development impact of rate change. (a) Unless the state cor…

66-117a. State intervention as party to certain rate hearings. The secretary of administration may intervene on behalf of the state of Kansas as a party to any rate hearing conducted by the state corporation commission in which the state of Kansas would be affected as a consumer …

66-117b. Report to legislature of change of rates or schedules approved by state corporation commission; contents; exclusions. The state corporation commission shall report to the legislature in accordance with this section on or before February 1 each year in regard to any chang…

66-117c. Application of act. In case of conflict between this act [*] and any other provision of law, the provisions of this act shall govern. History: L. 1980, ch. 200, § 6; July 1. * "This act," see also 66-115, 66-117, 66-117a, 66-117b, 66-118g and 74-615.

66-117d. Discrimination in rates to customers utilizing renewable energy sources prohibited. No electric or gas utility providing electrical or gas service in this state shall consider the use of any renewable energy source other than nuclear by a customer as a basis for establis…

66-117e. Exemption from filing rates and schedules, when. (a) The state corporation commission shall have the authority to exempt any public utility or common carrier over which the commission has jurisdiction from the requirements of publishing and filing with the commission cop…

66-117f. Intervention by municipalities in rate proceedings. (a) On timely filing of a petition for intervention, any municipality shall be allowed to intervene, on behalf of persons located within the boundary line of such municipality, in any rate proceeding before the state co…

66-118a. Review proceedings; court of jurisdiction; parties; transfer to proper court. (a) As used in this act: (1) "Party" means any person, firm, corporation, association, municipality, taxpayer, municipal organization, mercantile, agricultural or manufacturing organization or …

66-118b. Same; petition for reconsideration; order; time for filing appeal. No cause of action arising out of any order or decision of the commission shall accrue in any court to any party unless such party shall petition for reconsideration in accordance with the provisions of K…

66-118c. Same; judicial review. Any action of the commission pursuant to K.S.A. 66-118b, and amendments thereto, is subject to review in accordance with the Kansas judicial review act. History: L. 1929, ch. 220, § 3; L. 1978, ch. 265, § 2; L. 1983, ch. 221, § 1; L. 1986, ch. 318,…

66-118d. Same; precedence of action for review. Any action for review commenced pursuant to K.S.A. 66-118c and amendments thereto shall have precedence in any court in which it is pending. History: L. 1929, ch. 220, § 4; L. 1978, ch. 265, § 3; L. 1986, ch. 318, § 118; July 1. Law…

66-118e. Same; change of venue in certain cases. In any case where the application for review might be taken to the district court of more than one county, any party interested in said action may, within ten (10) days after the transcript is filed with the clerk of the district c…

66-118g. Same; stay or suspension of order or decision pending review. (a) The filing or pendency of the application for review provided for in this act shall not in itself stay or suspend the operation of any order or decision of the commission, except as provided in subsection …

66-118h. Same; bond, guarantee or surety, on stay or suspension pending review; collection and distribution of funds in excess of final order. In case the order or decision of the commission is stayed or suspended, the order or judgment of the court shall not become effective unt…

66-118i. Same; distribution of unclaimed funds. All such sums of money which shall have been paid into court or collected by said petitioner or utility in excess of the rate finally established and which shall not be claimed, as provided in K.S.A. 66-118h, within one year after t…

66-118j. Same; duty of court if order sustained. If the court upon review upholds the action of the commission, the court shall transmit to the state corporation commission three certified copies of the court's order. History: L. 1929, ch. 220, § 10; L. 1986, ch. 318, § 119; July…

66-118k. Same; duty of court if order not sustained. If the court upon review does not uphold the action of the commission, the court shall transmit to the commission three certified copies of the judgment of the court and the findings of fact and conclusions of law. Thereupon, i…

66-118l. Same; time orders to become effective. All orders or decisions of the commission shall become operative and effective upon service of the order or decision, in accordance with the provisions of subsection (a) of K.S.A. 77-530 and amendments thereto, unless otherwise orde…

66-118o. Same; invalidity of part. If any section, sentence or clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed …

66-119. Standard commercial units of products; regulations for testing products. The commission may ascertain and prescribe for each kind of public utility governed by the provisions of this act, suitable and convenient standard commercial units of products in service. These shal…

66-120. Gas rates and service in cities of 500 or over. Every person, firm, corporation or association engaged in the distribution and sale of natural gas for domestic use, under a franchise granted by any city having a population of 500 or more within this state, shall receive c…

66-121. Same; regulators, pressure gauges and other devices; standard pressure; rates. The corporation commission for the state of Kansas is hereby empowered to establish districts within any city having a population of 500 or more where gas is distributed under any such franchis…

66-122. Accounts, reports and information by utilities. Each public utility governed by the provisions of this act shall furnish to the commission, in such form and at such times as the commission shall require, such accounts, reports and information as shown in itemized detail: …

66-123. Public utilities and common carriers, reports; penalty for failure to file. Every public utility and common carrier governed by the provisions of this act when, and as required by the corporation commission, shall file with the corporation commission an annual report and …

66-125. Issuance of securities; certificate of commission required, when; proceedings; motor carriers exempted. (a) Any investor-owned electric public utility incorporated in the state of Kansas may issue stocks, certificates, bonds, notes or other evidences of indebtedness, paya…

66-126. Unlawful securities; penalty. Any common carrier or public utility governed by the provisions of this act, or any agent, director or officer thereof, who shall, directly or indirectly, issue or cause to be issued any stock, certificate of stock, bonds or other evidences o…

66-127. Dealing in securities of competing utility; prohibited transportation; exemption for certain utilities. No common carrier or public utility governed by the provisions of this act, domestic or foreign, shall hereafter purchase or acquire, take or hold any part of the capit…

66-128. Valuation of property for rate-making purposes by commission; construction work in progress. (a) The state corporation commission shall determine the reasonable value of all or whatever fraction or percentage of the property of any common carrier or public utility governe…

66-128a. Fixing rates, joint rates, tolls and averages; authority of commission not limited by K.S.A. 66-128b through 66-128i. Nothing in K.S.A. 66-128b to 66-128i, inclusive, shall be construed to limit the authority of the state corporation commission to review and evaluate the…

66-128b. Deferral and phase-in of value of certain utility property; exclusion of finance costs, when. The commission may require a public utility to defer inclusion of all or any portion of the reasonable value of property determined not currently used and required to be used an…

66-128c. Valuation of property for rate making; evaluation of efficiency or prudence of utility; exclusion of all or a portion of costs of excess capacity, when; "excess capacity" defined; exclusion or reduction of return on costs from excess capacity. The state corporation commi…