reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,139 Registration of interstate carriers in base state; registration of intrastate carriers with corporation commission; exemptions; application requirements; certain interstate carriers may display identification on side.

66-1,139. Registration of interstate carriers in base state; registration of intrastate carriers with corporation commission; exemptions; application requirements; certain interstate carriers may display identification on side.
(a) All interstate regulated public motor carriers of property, of household goods or of passengers who operate a motor vehicle in Kansas shall register their motor vehicles in their base state pursuant to federal statutes, unless exempted under the provision of K.S.A. 66-1,109, and amendments thereto.
(b) All intrastate public motor carriers of property, household goods or passengers [and] private motor carriers of property shall register with the commission all trucks or truck tractors as defined by K.S.A. 8-126, and amendments thereto, and all other passenger vehicles that meet the definition of commercial motor vehicle as defined in 49 C.F.R. § 390.5, as in effect on July 1, 2017, or any later version as established in rules and regulations adopted by the state corporation commission, used to transport persons for hire, used in the operation of their business as such, except those used in operations exempted under the provisions of K.S.A. 66-1,109, and amendments thereto.
(c) Applications for registration of intrastate common motor carriers and private motor carriers shall include the complete vehicle identification numbers and the year and make of all trucks, truck tractors or passenger vehicles used by the motor carrier, on which a fee is required to be paid, and the application shall be accompanied by the required fee. The fees shall be due January 1 and shall be paid not later than January 15. Upon receipt of the application and fee, the commission shall issue to the carrier appropriate credentials for each vehicle registered.
(d) The commission shall remit all moneys received by it or for it in payment of fees imposed under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the motor carrier license fees fund.
History:
L. 1955, ch. 297, § 2; L. 1956, ch. 50, § 2; L. 1957, ch. 350, § 2; L. 1968, ch. 159, § 1; L. 1976, ch. 288, § 2; L. 1982, ch. 277, § 1; L. 1985, ch. 224, § 3; L. 1989, ch. 207, § 1; L. 1992, ch. 26, § 1; L. 1993, ch. 263, § 8; L. 2001, ch. 92, § 14; L. 2003, ch. 124, § 30; L. 2008, ch. 45, § 5; L. 2017, ch. 18, § 8; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,139a Unified carrier registration clearing fund.

66-1,139a.
Unified carrier registration clearing fund.
All amounts collected under K.S.A. 66-1,139, and amendments thereto, for the purpose of registration of motor vehicles, pursuant to federal statutes, shall be remitted by the state corporation commission to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the unified carrier registration clearing fund which is hereby created. The state corporation commission shall reconcile such clearing fund monthly with balances remitted in accordance with this section.
History:
L. 1993, ch. 263, § 1; L. 2001, ch. 5, § 273; L. 2001, ch. 167, § 6; L. 2008, ch. 45, § 6; April 10.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,141 Provisions of K.S.A. 66-1,138 and 66-1,139 supplemental to chapter 66, article 1.

66-1,141. Provisions of K.S.A. 66-1,138 and 66-1,139 supplemental to chapter 66, article 1.
The provisions of K.S.A. 66-1,138 and 66-1,139, and amendments thereto, shall be a part of and supplemental to article 1 of chapter 66 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1955, ch. 297, § 4; L. 2021, ch. 77, § 12; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,142 Biannual transfer of certain balances in motor carrier license fees fund to state highway fund; notice thereof, entry upon records.

66-1,142. Biannual transfer of certain balances in motor carrier license fees fund to state highway fund; notice thereof, entry upon records.
On July 30 and on January 30 of each year, the state treasurer shall transfer to the state highway fund all unencumbered balances in excess of $2,800,000 in the motor carrier license fees fund of the state corporation commission, which is provided for in K.S.A. 66-1,139, and amendments thereto. Upon making any such transfer, the state treasurer shall give notice thereof to the director of accounts and reports, the secretary of transportation and the state corporation commission who shall make the proper entries on the records of their respective offices to show such transfer.
History:
L. 1957, ch. 41, § 1; L. 1970, ch. 397, § 2; L. 1975, ch. 427, § 68; L. 1988, ch. 267, § 1; L. 2008, ch. 1, § 1; L. 2018, ch. 28, § 1; April 12.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,142a Investigations conducted by highway patrol and commission for federal agency.

66-1,142a.
Investigations conducted by highway patrol and commission for federal agency.
The superintendent of the Kansas highway patrol and the commission are hereby authorized and empowered to enter into any contracts or agreements with the relevant federal agency that are appropriate to allow qualified investigators of the commission and officers of the highway patrol to conduct investigations necessary for the relevant federal authority to issue a safety fitness rating.
History:
L. 2001, ch. 92, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,142b Civil penalties; motor carriers.

66-1,142b. Civil penalties; motor carriers.
(a) Any person violating any statute, commission orders or rules and regulations adopted by the state corporation commission pursuant to the motor carrier act and other laws relevant to motor carriers shall be subject to a civil penalty of not less than $100 and not more than $1,000 for negligent violations, and not more than $5,000 for intentional violations.
(b) In construing and enforcing a civil penalty in accordance with this section, any act, omission or failure of any officer, agent or other person acting for or employed by any motor carrier while acting within the scope of such person's employment, shall in every case be deemed the act, omission or failure of the motor carrier.
(c) Every day during which the person fails to comply with any order of the commission, or any applicable statute, rule or regulation, shall constitute a separate and distinct violation.
(d) Civil penalties shall be enforced and collected by an attorney for the corporation commission in the appropriate district court.
(e) For civil penalties of $500 or less, the commission shall allow a duly authorized representative of the corporation or an attorney to enter an appearance and represent the corporation operating as a motor carrier under the provisions of this act.
(f) A civil penalty shall not be enforced under this section for a violation of an out-of-service order, if a civil penalty was enforced against a driver under K.S.A. 8-2,152(a), and amendments thereto, or against an employer under K.S.A. 8-2,152(b), and amendments thereto.
(g) Civil penalties shall be remitted in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the motor carrier license fee fund.
(h) The commission is granted the power, by general order or otherwise, to prescribe reasonable rules and regulations for the assessment of administrative civil penalties and sanctions for violations of any statute, commission orders or rules and regulations adopted by the commission.
History:
L. 2001, ch. 92, § 2; L. 2004, ch. 152, § 8; L. 2006, ch. 54, § 8; L. 2015, ch. 13, § 1; April 9.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,142c Commission authorized to compromise civil penalty.

66-1,142c.
Commission authorized to compromise civil penalty.
Any civil penalty may be compromised by the state corporation commission. In determining the amount of the penalty or the amount agreed in compromise, the appropriateness of the penalty to the size of the business, the gravity of the violation and the good faith of the person charged in attempting to achieve compliance, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state of Kansas to the person charged or may be recovered, together with costs and the reasonable attorney fees of the commission staff or retained counsel in a civil action in the appropriate district court. In lieu of all or part of the civil penalty, the commission may consider and approve, before or at hearing, a requirement, negotiated with the commission's transportation division, that the person charged make payments to or expenditures for a project that is related to motor carrier safety regulation and benefits the industry or community as a whole.
History:
L. 2001, ch. 92, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,143 Radio common carriers; defined; limitation of KCC jurisdiction.

66-1,143.
Radio common carriers; defined; limitation of KCC jurisdiction.
(a) As used in this section and K.S.A. 66-1,145 and amendments thereto, "radio common carrier" shall include all persons and associations of persons, whether incorporated or not, operating a public "for hire" radio service engaged in the business of providing a service of radio communication, including cellular radio, which is one-way, two-way or multiple, between mobile and base stations, between mobile and land stations, including land line telephones, between mobile stations or between land stations, but not engaged in the business of providing a public land line message telephone service or a public message telegraph service within this state.
(b) Except as provided in this subsection and K.S.A. 66-1,145 and amendments thereto, no radio common carrier shall be subject to the jurisdiction, regulation, supervision and control of the state corporation commission. The state corporation commission shall have the power and authority granted by K.S.A. 66-1,145 and amendments thereto and the power and authority to regulate and control radio common carriers whenever it is necessary to protect the public interest against cross-subsidization of competitive goods or services by monopoly goods and services.
History:
L. 1969, ch. 302, § 1; L. 1985, ch. 224, § 4; L. 1985, ch. 228, § 1; L. 1987, ch. 256, § 2; L. 1988, ch. 264, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,145 Same; interconnection of system with telephone facilities; interconnection by agreement or by order of commission.

66-1,145.
Same; interconnection of system with telephone facilities; interconnection by agreement or by order of commission.
Except as otherwise provided in this section, each radio common carrier may interconnect its common carrier radio telephone facilities with the telephone facilities of the telephone public utility certificated to serve the exchange area in which the base station of the radio common carrier is located if an agreement can be reached between the radio common carrier and the telephone public utility providing for such interconnection. When such an agreement cannot be reached between the radio common carrier and the telephone public utility, the radio common carrier may petition the state corporation commission for the right of interconnection and if the commission finds that a necessity exists therefor such interconnection shall be ordered by the commission on such reasonable terms as shall be established and prescribed by the commission.
History: L. 1969, ch. 302, § 4; L. 1985, ch. 224, § 6; L. 1987, ch. 256, § 4; L. 1988, ch. 264, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,145a Same; definitions.

66-1,145a.
Same; definitions.
As used in this act:
(a) "Radio common carrier" means any radio common carrier as defined in K.S.A. 66-1,143, and amendments thereto.
(b) "Commission" means the state corporation commission.
History:
L. 1985, ch. 225, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,150 Pipeline safety; rules and regulations in conformance with federal act; application.

66-1,150. Pipeline safety; rules and regulations in conformance with federal act; application.
(a) The state corporation commission is hereby authorized to adopt such rules and regulations as may be necessary to ensure conformance with the natural gas pipeline safety act of 1968, 49 U.S.C. § 60101 et seq., as amended. Notwithstanding the exemption provisions of K.S.A. 66-104 and 66-131, and amendments thereto, and related statutes, for the purpose of gas pipeline safety such rules and regulations shall be applicable to:
(1) All public utilities and all municipal corporations or quasi-municipal corporations transporting natural gas or rendering gas utility service;
(2) all operators of master meter systems, as defined by 49 C.F.R. § 191.3;
(3) all operators of gathering lines, as defined in 49 C.F.R. § 192.3. This paragraph shall not apply to gathering lines that are not regulated under 49 C.F.R. part 192;
(4) all operators of privately or publicly owned pipelines providing natural gas service or transportation directly to the ultimate consumer for the purpose of manufacturing goods or generating power; and
(5) providers of rural gas service under the provisions of K.S.A. 66-2101 through 66-2106, and amendments thereto.
(b) Nothing in this section shall be construed as invalidating any present rules or regulations of the state corporation commission, concerning the regulation of pipelines and pipeline companies.
History:
L. 1970, ch. 271, § 1; L. 1971, ch. 219, § 1; L. 1992, ch. 110, § 1; L. 2002, ch. 77, § 7; L. 2012, ch. 23, § 1; L. 2022, ch. 8, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,151 Violation of standards; penalty.

66-1,151. Violation of standards; penalty.
Any person who violates any rule or regulation adopted pursuant to this act, or any rule and regulation adopted by the commission and in effect on July 1, 1969, shall be subject to a civil penalty not to exceed $25,000 for each violation for each day that the violation persists. However, the maximum civil penalty shall not exceed $1,000,000 for any related series of violations.
History:
L. 1970, ch. 271, § 2; L. 1989, ch. 208, § 1; L. 1994, ch. 77, § 1; L. 2012, ch. 23, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,152 Same; compromise of penalty; alternative to civil penalty.

66-1,152.
Same; compromise of penalty; alternative to civil penalty.
Any civil penalty may be compromised by the state corporation commission. In determining the amount of the penalty or the amount agreed in compromise, the appropriateness of the penalty to the size of the business, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state of Kansas to the person charged or may be recovered in a civil action in the appropriate district court. In lieu of all or part of the civil penalty, the commission may consider and approve, before or at hearing, a requirement, negotiated with commission staff, that the person charged make payment to or expenditures for a project that is related to natural gas pipeline safety or underground utility damage prevention and benefits the industry or community as a whole.
History:
L. 1970, ch. 271, § 3; L. 2000, ch. 66, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,153 Fees for inspection and supervision authorized; gas pipeline safety standards.

66-1,153. Fees for inspection and supervision authorized; gas pipeline safety standards.
As used in this section, terms have the meanings provided by 49 C.F.R. § 192.3, as in effect on July 1, 2013. Every person engaged in the operation of gas pipeline systems in this state subject to the jurisdiction and control of the state corporation commission under K.A.R. 82-11-1 et seq. shall annually pay a fee to the commission for the inspection and supervision of the standards of safety prescribed by rules and regulations adopted in conformance with the natural gas pipeline safety act of 1968 (49 U.S.C. § 60101 et seq.), as amended. Nothing in this act shall apply to any public utility required to pay the fee provided for by K.S.A. 66-1503, and amendments thereto. Such fee shall be due and payable on or before September 1 of each year, commencing in the year 1973, and shall be for the fiscal year in which payment is due. Such fee shall be in addition to any and all property, franchise or license fees and other taxes, fees and charges fixed, assessed or charged by law against such utility.
History:
L. 1973, ch. 261, § 1; L. 2012, ch. 23, § 3; L. 2013, ch. 9, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,154 Fees for inspection and supervision of gas pipeline safety standards.

66-1,154. Fees for inspection and supervision of gas pipeline safety standards.
As used in this section, terms have the meanings provided by 49 C.F.R. § 192.3, as in effect on July 1, 2013.
(a) The amount of such fee shall be fixed in relation to the number of active gas meters in service within the service area of each person engaged in the operation of a gas pipeline system. The fee shall be fixed by rules and regulations adopted by the state corporation commission at rates in accordance with K.S.A. 66-1,153, and amendments thereto, and this section.
(b) The rates prescribed by this section prior to the effective date of this act shall continue in effect until different rates are fixed by rules and regulations adopted by the state corporation commission under this section.
History:
L. 1973, ch. 261, § 2; L. 1990, ch. 243, § 1; L. 2013, ch. 9, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,155 Same; disposition of fees; gas pipeline inspection fee fund.

66-1,155. Same; disposition of fees; gas pipeline inspection fee fund.
The chairperson of the corporation commission shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the gas pipeline inspection fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson or by a person or persons designated by the chairperson.
History:
L. 1973, ch. 261, § 3; L. 2001, ch. 5, § 274; L. 2011, ch. 53, § 40; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,156 Same; frequency of remittances.

66-1,156.
Same; frequency of remittances.
Nothing in this act shall be deemed to authorize remittances to be made less frequently than is authorized under K.S.A. 75-4215.
History:
L. 1973, ch. 261, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,157 Same; default in certain payments; applicable provisions.

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 provisions of K.S.A. 66-1504.
History: L. 1973, ch. 261, § 5; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,157a Gas pipelines, responsibility for maintenance.

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 responsibility for maintenance of all pipelines that convey gas from a gas main to the outside wall of residential premises which are individually metered and directly served by such person and is hereby granted the necessary access rights to carry out such responsibility.
(c) A city of the third class, or a city having a population of 2,000 or less, which renders gas utility service shall have responsibility for inspection of pipelines described in subsection (b), but shall not otherwise be responsible for maintenance of such pipelines.
History:
L. 1989, ch. 162, § 2; L. 2013, ch. 9, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,157b Accidents or fires; investigation; possession of evidence.

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 been caused by natural gas; and
(b) receive or take possession of any and all property which constitutes evidence of the cause or origin of any such accident or fire pursuant to their investigation, except that, the property possessed by the commission shall remain available to the serving utility for the purpose of examining, testing and analyzing. The possession thereof shall be in such manner and under such physical conditions as to preserve it for future evidentiary purposes.
History:
L. 1989, ch. 161, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,157c Residential pipeline, inspection by city or county.

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 in this state whereby:
(1) The commission agrees to train building inspectors or other persons designated by such city or county to inspect new installations of natural gas pipeline between a main and residential property; and
(2) the city or county agrees that such building inspectors or other designated persons will inspect such new installations of pipeline on behalf of the commission and report the results of such inspections to the commission.
History:
L. 1989, ch. 161, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,157d Destruction of pipeline signs or markers a crime.

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 markers is a class A misdemeanor.
History:
L. 1989, ch. 208, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,158 Nuclear generation facility siting; definitions.

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 commission.
(c) "Electric utility" means every public utility, as defined by K.S.A. 66-104, and amendments thereto, which owns, controls, operates or manages any equipment, plant or generating machinery for the production, transmission, delivery or furnishing, of electricity or electric power.
(d) "Existing nuclear generation facility" means a nuclear generation facility which is in existence on January 1, 2007.
(e) "Landowner" means any person having an estate or interest in any land, which land is proposed to be acquired by an electric utility in connection with the construction, operation and maintenance of a nuclear generation facility.
(f) (1) "Nuclear generation facility" means any physical plant utilizing nuclear energy as the primary fuel for the production or generation of electricity or electric power.
(2) "Nuclear generation facility" does not include: (A) Remodeling, reconditioning or retrofitting of a nuclear generation facility; (B) construction of nonnuclear generation capacity at the site of a nuclear generation facility; (C) an addition to an existing nuclear generation facility which is within three miles of the reactor of an existing nuclear generation facility; (D) construction of a nuclear generation facility which is within three miles of the reactor of an existing nuclear generation facility; or (E) any facility proposed to be located outside this state if: (i) The need for the facility and the reasonableness of its proposed siting is subject to review by the utility regulatory authority of that state; (ii) less than 10% of the retail customers on the electric system intended to be served by such facility are located in this state; and (iii) such retail customers located in this state number no more than 15,000.
(g) "Party" means any landowner, electric utility, governmental board or agency, or any other person allowed to intervene in any proceeding under this act.
(h) "Person" means any individual, partnership, corporation or other association of persons.
History:
L. 1976, ch. 283, § 1; L. 1979, ch. 209, § 2; L. 1993, ch. 106, § 1; L. 2000, ch. 2, § 1; L. 2007, ch. 113, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,159 Same; permit required prior to site preparation or construction; application; hearing.

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 preparation for or construction of any such facility, without first acquiring a permit from the commission. Whenever any such electric utility desires to obtain such a permit, the utility shall file an application with the commission, setting forth therein that the utility proposes to construct a nuclear generation facility and specifying the description and the total number of acres of land that such utility contemplates is needed in connection with the construction, operation and maintenance of such facility. Also, the electric utility shall file with the application documents and plans which indicate the total planned utilization of a proposed location for electric generation purposes and documents and plans for utilization of an alternative location or locations. In addition, the electric utility shall file with the application such documents pertaining to the construction, operation and maintenance of the proposed facility and such other matters deemed relevant thereto as may be required by rules and regulations of the commission. Thereupon, the commission shall fix a time for a public hearing on such application, which shall be not less than 30 nor more than 180 days from the date the application was filed and shall be conducted in accordance with the provisions of the Kansas administrative procedure act, to determine the necessity for the proposed facility and the most reasonable location and size of the proposed facility. The commission shall fix the place for hearing, which may be in the county in which is located the major portion of the land which has been or is proposed to be acquired in connection with the construction, operation and maintenance of the proposed facility. Such hearing may be held in Topeka.
History: L. 1976, ch. 283, § 2; L. 1978, ch. 270, § 2; L. 1979, ch. 209, § 3; L. 1988, ch. 356, § 243; L. 2000, ch. 2, § 2; L. 2007, ch. 113, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,159a Same; applications, pending prior to amendment of act.

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 have such permit only if the facility is required to have a permit pursuant to this act.
History:
L. 2000, ch. 2, § 9; L. 2007, ch. 113, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,160 Same; notice of hearing.

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 connection with the construction, operation and maintenance of the proposed nuclear generation facility once each week for three consecutive weeks, the last publication to be not less than five days before such hearing date. Written notice of such hearing and a copy of the application also shall be served not less than 20 days prior to the hearing date upon all landowners, as shown by the files, records and indexes of the register of deeds of the county in which such land is located, and the chief administrative officer, or any person designated by such officer to receive such service, of the department of commerce, Kansas department of agriculture, Kansas water office, department of health and environment, department of transportation, state geological survey and division of the budget of the department of administration. In addition to the information contained in the published notice, such written notice shall state that the electric utility has filed the application and supporting documents as required by K.S.A. 66-1,159, and amendments thereto, and that such application and supporting documents are available in the office of the commission for examination and copying by the person or board or agency desiring copies thereof.
History:
L. 1976, ch. 283, § 3; L. 1979, ch. 209, § 4; L. 1980, ch. 284, § 17; L. 2000, ch. 2, § 3; L. 2004, ch. 101, § 173; L. 2007, ch. 113, § 5; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,161 Same; appointment of counsel to represent landowners' interests; counsel for individual landowners; intervening parties.

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, which shall be taxed as part of the costs thereof. Landowners, at their own expense, may retain counsel to represent their individual interests at such hearing. The chief administrative officer, or any other person or persons designated by such officer, of any governmental board or agency affected by the siting of the proposed nuclear generation facility shall be deemed to meet the requirement for intervention contained in subsection (a)(2) of K.S.A. 77-521, and amendments thereto. Any owner or lessee of land whose estate or interest in such land would not be acquired by the electric utility but would be affected in some other manner by the construction, operation or maintenance of the facility may petition for intervention in accordance with the provisions of K.S.A. 77-521, and amendments thereto.
History:
L. 1976, ch. 283, § 4; L. 1988, ch. 356, § 244; L. 2000, ch. 2, § 4; L. 2007, ch. 113, § 6; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,163 Same; petition for reconsideration.

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 or rely upon any ground not set forth in the petition.
History:
L. 1976, ch. 283, § 6; L. 1979, ch. 209, § 6; L. 1988, ch. 356, § 246; July 1, 1989.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,164 Judicial review of commission's actions.

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 appellant to file an appeal bond, conditioned on payment of all court costs incurred incidental to such appeal.
History:
L. 1976, ch. 283, § 7; L. 1979, ch. 209, § 7; L. 1986, ch. 318, § 122; L. 2010, ch. 17, § 174; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,165 Precedence of action for review.

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 such actions within 60 days after being docketed in such court.
History:
L. 1976, ch. 283, § 8; L. 1979, ch. 209, § 8; L. 1986, ch. 318, § 123; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,168 Effective date of certain commission decisions.

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 the commission or a stay is granted. The commission may grant a stay or suspend, in whole or in part, the operation of any order or decision of the commission in accordance with provisions of K.S.A. 77-528 and amendments thereto. After the lapse of the time within which proceedings could be taken to obtain a review of such decision, no proceedings to obtain such review having then been taken, such decision shall be held to be conclusive as to the matters involved therein in any collateral suit or proceedings.
History:
L. 1976, ch. 283, § 11; L. 1988, ch. 356, § 247; L. 1999, ch. 52, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,169a Same; compilation by commission of statewide electric generation capacity forecast; hearings; information furnished by municipal utilities.

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 determining whether or not a necessity exists for a proposed nuclear generation facility, the commission shall compile and maintain a comprehensive statewide electric generation capacity forecast. In compiling and maintaining said forecast, the commission may hold such hearings deemed necessary. The proceedings of any such hearing shall be governed by the rules and regulations adopted by the commission pursuant to K.S.A. 66-106, and amendments thereto. For the purposes of this section, every municipally owned or operated electric utility and every electric utility operating wholly and solely within the legal boundaries of any municipality and within three miles thereof shall furnish to the commission such information as to electric generation capacity as the commission may require.
History:
L. 1979, ch. 209, § 11; L. 2000, ch. 2, § 6; L. 2007, ch. 113, § 8; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,169b Same; proposed facilities outside of state; application of act.

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 proposed facility pursuant to K.S.A. 66-1,162, and amendments thereto, the commission shall consider only the effects on system reliability and economic efficiency.
History:
L. 1979, ch. 209, § 12; L. 1993, ch. 106, § 2; L. 1995, ch. 264, § 2; L. 2000, ch. 2, § 7; L. 2007, ch. 113, § 9; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,169c Citation of act.

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.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,170 Definitions.

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 the bulk transfer of energy even if such energy is reduced in voltage and used as station power.
(b) "Electric consuming facility" means any entity which utilizes electric energy from a central station service.
(c) "Commission" means the state corporation commission of the state of Kansas.
(d) "Retail electric supplier" means any person, firm, corporation, municipality, association or cooperative corporation engaged in the furnishing of retail electric service.
(e) "Certified territory" means an electric service territory certified to a retail electric supplier pursuant to this act.
(f) "Existing distribution line" means a distribution line which is in existence on the effective date of this act, and which is being or has been used as such.
(g) "Single certified service territory" means that service area in which only one retail electric supplier has been granted a service certificate by the commission.
(h) "Dual certified service territory" means that service area where more than one retail electric supplier has been granted a service certificate by the commission.
(i) "Station power" means electric energy used for operating equipment necessary for the process of generating electricity at any generating plant owned by a utility or a generating plant specified in subsection (e) of K.S.A. 66-104, and amendments thereto, and placed in use on or after January 1, 2002, whether such electrical energy is generated at such generating plant or provided through the adjacent transformation and transmission interconnect, but does not include electric energy used for heating, lighting, air conditioning and office needs of the buildings at a generating plant site.
History:
L. 1976, ch. 284, § 1; L. 2002, ch. 161, § 1; May 23.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,171 Declaration of public policy.

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 encumbrance of the landscape of the state;
(d) prevent waste of materials and natural resources;
(e) facilitate the public convenience and necessity; and
(f) minimize disputes between retail electric suppliers which may result in inconvenience, diminished efficiency and higher costs in serving the consumer.
In pursuing such public policy, it is the purpose of this act to provide for the division of the state into territories within which retail electric suppliers are to provide the retail electric service as provided in this act.
History:
L. 1976, ch. 284, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,172 Division of state into exclusive electric service territories; certification of territories by commission; right to serve existing customers.

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 territories. Within each such territory, only one retail electric supplier shall provide retail electric service, and any such territory established for a retail electric supplier pursuant to this section shall be certified to such retail electric supplier by the commission and such area shall be provided retail electric service exclusively by such supplier. Each retail electric supplier shall continue to have the right to serve all customers being served by it on the effective date of this act, except that such suppliers, by agreement approved by the commission, may otherwise provide for electric service to such customers.
History: L. 1976, ch. 284, § 3; L. 1978, ch. 270, § 1; L. 1986, ch. 249, § 1; L. 1987, ch. 257, § 1; April 23.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,173 Rights and responsibilities of suppliers; exceptions.

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, make available, render or extend its retail electric service to a consumer for use in electric consuming facilities located within the certified territory of another retail electric supplier except that:
(a) Any retail electric supplier, with the approval of the commission, may extend distribution or transmission facilities through the certified territory of another retail electric supplier, if such extension is necessary for such supplier to connect with any of its facilities or those of others to serve consumers within its own certified territory; and
(b) station power shall not be deemed to be retail electric service for the purposes of this act.
History:
L. 1976, ch. 284, § 4; L. 2002, ch. 161, § 2; May 23.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,174 Municipally owned or operated retail electric suppliers subject to commission jurisdiction; when.

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 public utility, as defined in K.S.A. 66-104, and amendments thereto, with respect to all operations within its certified territory extending more than three miles beyond its corporate limits. A municipal retail electric supplier shall be subject to regulation by the commission in matters relating to the right to serve in the territory within three miles of the corporate city boundary, except that the commission shall have no jurisdiction concerning such retail electric supplier within its corporate limits.
History:
L. 1976, ch. 284, § 5; L. 1986, ch. 249, § 2; L. 1987, ch. 257, § 2; L. 2007, ch. 176, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,175 Agreements between retail electric suppliers authorized; commission approval required.

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 enter into an agreement with another retail electric supplier for the establishment of boundaries between territories other than the boundaries established pursuant to this act or providing electric service to electric consuming facilities as between such retail electric suppliers. Any agreement entered into pursuant to this section shall be subject to approval by the corporation commission. If so approved, the commission shall issue certificates accordingly.
History:
L. 1976, ch. 284, § 6; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,176a Severability.

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:
L. 1986, ch. 249, § 4; May 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,176c Compensation of private retail electric supplier for certain electric system facilities acquired by city.

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 expired by reason of failure of the renewal of a valid franchise shall be entitled to compensation for all reasonable and prudent costs of detaching the electric system facilities to be sold and all reasonable and prudent costs of reintegrating the remaining electric system facilities of such retail electric supplier less the value of all electric system facilities replaced by new facilities required for the reintegration of the remaining electric system facilities.
History: L. 1987, ch. 255, § 2; April 23.