Chapter 66, PUBLIC UTILITIES

66-1,157. Same; default in certain payments; applicable provisions. Any default in payment of fees, penalties therefor, suits for collection, counsel fees and liens for any fees and penalties in case of default in the payment of any fee or part thereof, shall be governed by the p…

66-1,157a. Gas pipelines, responsibility for maintenance. (a) As used in this section, terms have the meanings provided by 49 C.F.R. § 192.3, as in effect on July 1, 2013. (b) Except as provided by subsection (c), any person rendering gas utility service shall have full responsib…

66-1,157b. Accidents or fires; investigation; possession of evidence. Personnel of the state corporation commission pipeline safety program are hereby authorized to: (a) Be on site and conduct an investigation as to the cause or origin of any accident or fire suspected to have be…

66-1,157c. Residential pipeline, inspection by city or county. (a) As used in this section, terms have the meanings provided by 49 C.F.R. 192.3, as in effect on the effective date of this act. (b) The state corporation commission may enter into a contract with any city or county …

66-1,157d. Destruction of pipeline signs or markers a crime. (a) Destruction of signs or markers is willfully and knowingly defacing, damaging, removing or destroying any pipeline sign or right-of-way marker required by federal law or regulation. (b) Destruction of signs or marke…

66-1,158. Nuclear generation facility siting; definitions. As used in this act: (a) "Addition to an existing nuclear generation facility" means any addition of nuclear generation capacity to an existing nuclear generation facility. (b) "Commission" means the state corporation com…

66-1,159. Same; permit required prior to site preparation or construction; application; hearing. No electric utility may begin site preparation for or construction of a nuclear generation facility or exercise the right of eminent domain to acquire any land in connection with site…

66-1,159a. Same; applications, pending prior to amendment of act. Any electric generation facility for which a permit application was pending under the electric generation facility siting act as it existed immediately before the effective date of this act shall be required to hav…

66-1,160. Same; notice of hearing. The commission shall publish notice of the time, place and subject matter of such hearing in newspapers having general circulation in the counties in which is located any portion of the land which has been or is proposed to be acquired in connec…

66-1,161. Same; appointment of counsel to represent landowners' interests; counsel for individual landowners; intervening parties. The commission shall appoint an attorney to represent the interests of the landowners at the hearing and shall allow a reasonable attorney's fee, whi…

66-1,162. Same; hearing proceedings; transcript; costs; findings and decision; issuance of permit; construction authorized upon issuance of permit notwithstanding local zoning ordinances, resolutions or regulations. Except as otherwise provided in this act, the rules and regulati…

66-1,163. Same; petition for reconsideration. No cause of action arising out of any decision of the commission shall accrue to any party, unless such party shall have petitioned for reconsideration. In any subsequent action or proceeding in the supreme court, no party shall urge …

66-1,164. Judicial review of commission's actions. Any action of the commission pursuant to K.S.A. 66-1,163, and amendments thereto, is subject to review by the supreme court in accordance with the Kansas judicial review act. The supreme court, in its discretion, may require the …

66-1,165. Precedence of action for review. Any action for review pursuant to K.S.A. 66-1,164 and amendments thereto shall have precedence over all other hearings and shall be heard not later than the first term of court after the action is commenced and the court shall decide all…

66-1,168. Effective date of certain commission decisions. All decisions of the commission shall become operative and effective upon service of the decision, in accordance with the provisions of subsection (a) of K.S.A. 77-530 and amendments thereto, unless otherwise ordered by th…

66-1,169a. Same; compilation by commission of statewide electric generation capacity forecast; hearings; information furnished by municipal utilities. In order to more effectively administer the provisions of the Kansas nuclear generation facility siting act with respect to deter…

66-1,169b. Same; proposed facilities outside of state; application of act. With regard to a facility proposed to be located outside this state, K.S.A. 66-1,160 and 66-1,161, and amendments thereto, shall not apply and, for purposes of determining the most reasonable location of a…

66-1,169c. Citation of act. This act and the act of which it is amendatory shall be known and cited as the Kansas nuclear generation facility siting act. History: L. 1979, ch. 209, § 1; L. 2000, ch. 2, § 8; February 24.

66-1,170. Definitions. As used in this act: (a) "Distribution line" means an electric line used to furnish retail electric service, including any line from a distribution substation to an electric consuming facility; but such term does not include a transmission facility used for…

66-1,171. Declaration of public policy. It is hereby declared to be the public policy of this state to: (a) Encourage the orderly development of retail electric service; (b) avoid wasteful duplication of facilities for the distribution of electricity; (c) avoid unnecessary encumb…

66-1,172. Division of state into exclusive electric service territories; certification of territories by commission; right to serve existing customers. Subject to the provisions of this act, the corporation commission shall cause the state to be divided into electric service terr…

66-1,173. Rights and responsibilities of suppliers; exceptions. Every retail electric supplier shall have the exclusive right and responsibility to furnish retail electric service to all electric consuming facilities located within its certified territory, and shall not furnish, …

66-1,174. Municipally owned or operated retail electric suppliers subject to commission jurisdiction; when. Except as provided by K.S.A. 66-104f, and amendments thereto, a municipally owned or operated retail electric supplier shall be subject to commission jurisdiction as a publ…

66-1,175. Agreements between retail electric suppliers authorized; commission approval required. Notwithstanding the exclusive right of retail electric suppliers to provide service within the certified territories established pursuant to this act, a retail electric supplier may e…

66-1,176. Termination of service rights in annexed areas; selection of electric service provider; notice and record requirements; appeal; right to serve existing customers, when; compensation for termination of service rights, determination. (a) (1) Whenever a city proposes to an…

66-1,176a. Severability. If any part or parts of this act are held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts. History: …

66-1,176b. Termination of service rights during period when a valid franchise is in effect; facilities to be acquired; compensation; formula. (a) When the service rights of a retail electric supplier are terminated by a city during the period in which a valid franchise is in effe…

66-1,176c. Compensation of private retail electric supplier for certain electric system facilities acquired by city. In addition to the fair cash value of any plant and appurtenance thereto determined pursuant to K.S.A. 12-811, a retail electric supplier whose service rights have…

66-1,177. Electric transmission lines; definitions. As used in this act, the following terms shall have the meanings ascribed to them herein: (a) "Electric utility" means every public utility, as defined by K.S.A. 66-104, which owns, controls, operates or manages any equipment, p…

66-1,178. Siting of electric transmission lines; permit required; application, contents; hearings. (a) No electric utility may begin site preparation for or construction of an electric transmission line, or exercise the right of eminent domain to acquire any interest in land in c…

66-1,179. Same; notice of hearing. The commission shall publish notice of the time, place and subject matter of the public hearing provided for by K.S.A. 66-1,178 and amendments thereto in newspapers having general circulation in every county through which the electric transmissi…

66-1,180. Same; siting; proceedings; permit. All hearings conducted pursuant to this act shall be in accordance with the provisions of the Kansas administrative procedure act. All such hearings shall be completed within 30 days after the commencement thereof, unless the electric …

66-1,181. Judicial review of commission's actions. The provisions of K.S.A. 66-118a through 66-118e, 66-118g and 66-118h, and amendments thereto, as they apply to the review of an order or decision of the commission arising from a rate hearing, shall be applicable to any appeal t…

66-1,182. Same; exemption of certain lines from act, local jurisdiction and environmental study requirements, when. (a) The provisions of this act shall not apply to: (1) That portion of any electric transmission line to be constructed on an easement where there currently exists …

66-1,183. Same; duty of utility to restore land. It shall be the duty of every electric utility which constructs an electric transmission line to restore the land upon which such line is constructed to its condition which existed prior to such construction. History: L. 1979, ch. …

66-1,183a. Urban electric transmission lines; siting; notice requirements; definitions. (a) No electric utility shall begin site preparation for or construction of an urban electric transmission line or exercise the right of eminent domain to acquire any interest in land in conne…

66-1,184. Contracts for parallel generation services between electric utilities and their customers; terms and conditions; duties and authority of customers and utilities; limitations. (a) As used in this section: (1) "Avoided cost" means the incremental cost to a utility of elec…

66-1,184a. Disposition of revenues from certain sales. (a) As used in this section: (1) "Electric public utility" has the meaning provided by K.S.A. 66-101a, and amendments thereto. (2) "Renewable attributes" means tradeable renewable energy credits (with or without other feature…

66-1,185. Jurisdiction of commission to comply with certain federal legislation. (a) The state corporation commission shall have such jurisdiction as is required to provide compliance with and carry out the requirements of the provisions of the federal natural gas policy act of 1…

66-1,186. Designation of commission to submit conservation plan to federal government. (a) Pursuant to the provisions of the national energy conservation policy act, the state corporation commission is designated as the state agency to submit the proposed residential energy conse…

66-1,187. Telecommunications public utility; definitions. As used in this act: (a) "Broadband" means the transmission of digital signals at rates equal to or greater than 1.5 megabits per second. (b) "CLASS services" means custom local area signaling services, which include autom…

66-1,188. Same; power, authority and jurisdiction of state corporation commission. The commission is given full power, authority and jurisdiction to supervise and control the local exchange carriers, as defined in K.S.A. 66-1,187, and amendments thereto, doing business in Kansas,…

66-1,189. Service and facilities required; reasonable rules, classifications, regulations, rates, tolls and charges; hearing. Every telecommunications public utility governed by this act shall be required to furnish reasonably efficient and sufficient service, joint service and f…

66-1,190. Telecommunications public utilities; publication and filing of rates, rules, regulations and contracts. Every telecommunications public utility doing business in Kansas over which the commission has control shall publish and file with the commission copies of all schedu…

66-1,191. Same; investigations initiated by commission; powers; hearings. The commission, upon its own initiative, may investigate all rates, joint rates, tolls, charges and exactions, classifications or schedules of rates or joint rates and rules and regulations of telecommunica…

66-1,192. Same; investigations initiated by complaint; powers; hearings. (a) Upon a complaint in writing made against any telecommunications public utility governed by this act, that any of the rates or joint rates, tolls, charges, rules, regulations, classifications or schedules…

66-1,193. Orders and decisions of commission; service of copy upon utility; effective date. (a) If upon such hearing and investigation the rates, joint rates, tolls, charges, rules, regulations, classifications or schedules of any telecommunications public utility governed by thi…

66-1,194. Same; liberal construction; incidental powers granted. As applied to regulation of telecommunications 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 inc…

66-1,195. Same; general supervision and inspection of utilities; liability for damages. The commission shall have general supervision of all telecommunications public utilities over which the commission has control and shall inquire into any neglect or violations of the laws of t…

66-1,196. Access to live operator required for certain calls. (a) As used in this section, "telecommunications public utility" has the meaning provided by K.S.A. 66-1,187 and amendments thereto. (b) Each telecommunications public utility shall ensure that a person initiating a li…