reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-122 Accounts, reports and information by utilities.

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: (1) The depreciation per unit; (2) the salaries and wages, separately, per unit; (3) legal expenses per unit; (4) taxes and rentals, separately, per unit; (5) the quantity and value of material used per unit; (6) the receipts from residuals, by-products, services or other sales, separately, per unit; (7) the total and net cost per unit; (8) the gross and net profit per unit; (9) the dividends and interest per unit; (10) surplus or reserve per unit; (11) the prices per unit paid by consumers; and, in addition, such other items, whether of a nature similar to those hereinbefore enumerated or otherwise, as the commission may prescribe in order to show completely and in detail either the operation of the public utility or common carrier in furnishing the unit of its product or service to the public.
History:
L. 1911, ch. 238, § 23; May 22; R.S. 1923, 66-122.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-123 Public utilities and common carriers, reports; penalty for failure to file.

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 such monthly or other regular reports, or special reports, and such other information as the corporation commission may require. When required by the corporation commission such reports and information shall be certified under oath by a duly authorized officer having knowledge of the matters therein contained. The corporation commission may at any time require from any public utility or common carrier specific answers to any questions upon which it may desire information in connection with matters pending before them.
The corporation commission may, in its discretion, grant extensions of the time within which reports and information are required to be filed. Annual reports shall be filed on or before May 1 for the preceding calendar year unless otherwise specified by commission order or rule and regulation.
Any public utility or common carrier, except motor carriers as defined in K.S.A. 66-196, et seq., and amendments thereto, governed by this act which fails, neglects or refuses to file with the corporation commission any annual reports, statements, monthly or regular reports or special reports required by the commission pursuant to statute or rules and regulations shall be subject to a civil penalty of not more than $500.
History:
L. 1911, ch. 238, § 24; L. 1917, ch. 254, § 1; R.S. 1923, 66-123; L. 1994, ch. 133, § 1; L. 2000, ch. 78, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-126 Unlawful securities; penalty.

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 of indebtedness contrary to the provisions of this act, or who shall apply the proceeds from the sale thereof to any purpose other than that specified in the certificate of the commission, as herein provided, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five hundred dollars and not more than five thousand dollars, or by imprisonment in the county jail not more than one year, or by both such fine and imprisonment.
History:
L. 1911, ch. 238, § 26; May 22; R.S. 1923, 66-126.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-127 Dealing in securities of competing utility; prohibited transportation; exemption for certain utilities.

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 capital stock, bonds or other forms of indebtedness of any competing public utility or common carrier, either as owner or pledgee, unless authorized by the commission. Any common carrier engaged in intrastate commerce in this state is prohibited in the transportation of such commerce, articles or commodities under the following circumstances and conditions:
(a) When the article or commodity has been manufactured, mined or produced by a carrier or under its authority and at the time of the transportation the carrier has not in good faith, before the act of transportation, disassociated itself from such article or commodity;
(b) when the carrier owns the article or commodity to be transported, in whole or part;
(c) when the common carrier at the time of transportation has a legal or equitable interest, directly or indirectly, in the article or commodity, except materials and supplies for its own use.
Every public utility is prohibited from engaging in any business in this state which is not in conformity with its charter or in which it is not permitted to engage under the laws of the state of Kansas, except that this section shall not apply to ownership by railroads of the stock, bonds, or other forms of indebtedness of union depot or terminal railroad properties used in common by two or more such railroads. The provisions of this section shall not apply to resellers of telecommunications services, local exchange carriers that have elected price cap regulation pursuant to subsection (b) of K.S.A. 66-2005, and amendments thereto, unless a transaction subject to this section is solely between such carrier and a local exchange carrier that has elected rate of return regulation pursuant to subsection (b) of K.S.A. 66-2005, and amendments thereto, operating wholly within this state, or interexchange carriers.
History:
L. 1911, ch. 238, § 27; R.S. 1923, 66-127; L. 1996, ch. 268, § 19; L. 2008, ch. 146, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128 Valuation of property for rate-making purposes by commission; construction work in progress.

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 governed by the provisions of this act which property is used and required to be used in its services to the public within the state of Kansas, whenever the commission deems the ascertainment of such value necessary in order to enable the commission to fix fair and reasonable rates, joint rates, tolls and charges. In making such valuations the commission may avail itself of any reports, records or other things available to the commission in the office of any national, state or municipal officer or board.
(b) (1) For the purposes of this act, except as provided by subsection (b)(2), property of any public utility which has not been completed and dedicated to commercial service shall not be deemed to be used and required to be used in the public utility's service to the public.
(2) Any public utility property described in subsection (b)(1) shall be deemed to be completed and dedicated to commercial service if: (A) Construction of the property will be commenced and completed in one year or less; (B) the property is an electric generation facility that converts wind, solar, biomass, landfill gas or any other renewable source of energy; (C) the property is an electric generation facility or addition to an electric generation facility; or (D) the property is an electric transmission line, including all towers, poles and other necessary appurtenances to such lines, which will be connected to an electric generation facility.
(3) Nothing in this subsection (b) shall be construed to preclude the state corporation commission, either on the commission's initiation of a docket or in a utility rate proceeding, from reviewing whether expenditures for public utility property were efficient and prudent.
(c) As used in this section, "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 used or to be used for the bulk transfer of electricity.
History: L. 1911, ch. 238, § 28; R.S. 1923, 66-128; L. 1978, ch. 266, § 1; L. 1984, ch. 247, § 1; L. 1995, ch. 264, § 1; L. 2001, ch. 207, § 1; L. 2004, ch. 120, § 6; L. 2007, ch. 117, § 1; L. 2008, ch. 174, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128a Fixing rates, joint rates, tolls and averages; authority of commission not limited by K.S.A. 66-128b through 66-128i.

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 efficiency or prudence of any actions, including acquisition of excess capacity, or operating practices of any public utility or common carrier for the purpose of establishing fair and reasonable rates, joint rates, tolls and charges.
History: L. 1984, ch. 247, § 2; April 19.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128b Deferral and phase-in of value of certain utility property; exclusion of finance costs, when.

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 and may require the phase-in of such value over any period of time and in such increments as it determines to be appropriate. If the commission requires a public utility to defer the inclusion of any portion of such reasonable value and orders a phase-in of such value, it may exclude any or all of the carrying or finance costs incurred after the date of its determination and throughout the period of any deferral or phase-in as so ordered.
History: L. 1984, ch. 247, § 3; April 19.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 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.

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 commission, in determining the reasonable value of property under K.S.A. 66-128, and amendments thereto, shall have the power to evaluate the efficiency or prudence of acquisition, construction or operating practices of that utility. In the event the state corporation commission determines that a portion of the costs of acquisition, construction or operation were incurred due in whole or in part to a lack of efficiency or prudence, or were incurred in the acquisition or construction of excess capacity, it shall have the power and authority to exclude all or a portion of those costs from the revenue requested by the utility.
For the purpose of this act, "excess capacity" means any capacity in excess of the amount used and required to be used to provide adequate and reliable service to the public within the state of Kansas as determined by the commission. The commission may in its discretion prohibit or reduce the return on costs which were incurred in constructing, maintaining or operating excess capacity.
History: L. 1984, ch. 247, § 4; April 19.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128d Proceeding to determine reasonableness of costs of facility; commencement; procedure.

66-128d.
Proceeding to determine reasonableness of costs of facility; commencement; procedure.
The state corporation commission may at any time and in its sole discretion, whether or not the facility is still under construction, initiate on its own motion a proceeding to determine in advance whether the costs of such facility were reasonably or prudently incurred, or whether all or a portion of the costs of such facility are or shall be incurred in producing excess capacity under K.S.A. 66-128c and amendments thereto. The proceeding shall be commenced by the commission giving 30 days' written notice of the setting of the hearing of such proceeding to the public utility or utilities involved, and no other motion shall be required, but the procedure, hearing and right to review shall otherwise be as specified [in] the Kansas administrative procedure act and in K.S.A. 66-101 et seq., and amendments thereto.
History:
L. 1984, ch. 247, § 5; L. 1986, ch. 318, § 121; L. 1988, ch. 356, § 228; July 1, 1989.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128e Adjustment of revenue requirements of utilities by commission; exclusion of finance charges attributable to inefficiency or lack of prudence; electric utility borrowing for payment of dividends; exception for certain utility facilities.

66-128e.
Adjustment of revenue requirements of utilities by commission; exclusion of finance charges attributable to inefficiency or lack of prudence; electric utility borrowing for payment of dividends; exception for certain utility facilities.
In the event the commission finds that a portion of the costs were attributable either to investment in excess capacity which were incurred due to lack of prudence in facility planning or were incurred due to lack of prudence in plant acquisition, construction or operation, the commission shall exclude that portion of the carrying or finance charges incurred after the date of its finding, and no part of the carrying or finance costs excluded shall ever be or become part of the reasonable value of public utility property so used and required to be used. For the purposes of this section only, a finding of lack of prudence in capacity planning for a facility which in whole or in part represents excess capacity shall not be made by the commission when a siting permit authorizing the construction of the facility has been issued under K.S.A. 66-1,162 and amendments thereto prior to the passage of this act. The commission also shall not authorize the recovery as operating expense or in any other manner of the carrying or finance costs so excluded.
Nothing in this act shall limit the commission's authority to adjust revenue requirements of any public utility if the commission determines the revenue requirement requested results in whole or in part from inefficiency or a lack of prudence.
If the commission determines that a public utility, which generates and sells electricity as its main activity, has borrowed funds in order to pay dividends and such borrowing as the result of lack of prudence, increases the revenue requirement of the utility, the commission may adjust the revenue requirement accordingly.
History: L. 1984, ch. 247, § 6; April 19.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128f Monthly financial reports by certain utilities constructing electric generating facilities.

66-128f.
Monthly financial reports by certain utilities constructing electric generating facilities.
Any public utility subject to the provisions of K.S.A. 66-128b to 66-128g, inclusive, which constructs an electric generating facility and was not required to obtain an advance permit under K.S.A. 66-1,159 et seq. shall make and send monthly financial reports to the state corporation commission. Such reports shall include the following information, as of the date of the report, the: (a) Actual costs incurred; (b) total estimated cost of the facility; (c) percentage of the facility which is actually completed; (d) estimated date of first commercial operation; (e) copies of informational filings provided federal agencies having regulatory authority over such construction; and (f) any other information required by the commission. Such reports shall be prepared and certified in the manner and form required by the commission. Nothing in this section shall limit the commission's authority to require filing of data in any format by any regulated utility the commission deems necessary to accomplish its regulatory duties.
History: L. 1984, ch. 247, § 7; April 19.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128h Nuclear fission electric generating facilities with excess capacity; presumption certain costs excluded when finding of no "technology or means for disposal of high-level nuclear waste" as defined in section.

66-128h.
Nuclear fission electric generating facilities with excess capacity; presumption certain costs excluded when finding of no "technology or means for disposal of high-level nuclear waste" as defined in section.
(a) If any portion of an electric generating facility is determined to be excess capacity and if the facility is a nuclear fission power plant, the state corporation commission shall determine whether there has been approved by the United States government through its authorized agency, a proven technology or means for the disposal of high-level nuclear waste which is available for use at or by the plant.
If the commission finds that no such technology for disposal exists, it shall be presumed that the costs of acquisition, construction or operation of the facility were incurred due to a lack of prudence and the commission shall not include such costs in the reasonable value of the public utility property.
(b) When used in this section, "technology or means for the disposal of high-level nuclear waste" means temporary on-site storage of high-level nuclear waste or an approved process for the retrieval of such waste.
History: L. 1984, ch. 247, § 9; April 19.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128i Presumption of lack of prudence if fine for safety or quality violation assessed; reduction of revenue requirements.

66-128i.
Presumption of lack of prudence if fine for safety or quality violation assessed; reduction of revenue requirements.
If a fine or penalty for a safety or quality assurance violation is assessed by the nuclear regulatory commission against a public utility governed by the provisions of this act, it shall be presumed that the act or omission of the public utility causing the assessment of the fine or penalty occurred due to a lack of prudence and the commission may reduce the revenue requirements accordingly.
History: L. 1984, ch. 247, § 10; April 19.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128j Electric utilities; certain power sales; sale or retirement of facilities; reduction in revenue requirement, when.

66-128j.
Electric utilities; certain power sales; sale or retirement of facilities; reduction in revenue requirement, when.
When a public utility sells electric power to other than its retail customers or disposes of, sells or retires from service any facility, the commission may evaluate the efficiency or prudence of such electric power sale or disposition, sale or retirement from service, and if it finds that any such action was inefficient or imprudent, or caused a reduction of electric power available to its retail customers or in electrical generating capacity, the commission may reduce the revenue requirement resulting therefrom.
History: L. 1984, ch. 247, § 11; April 19.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128k Severability.

66-128k.
Severability.
The provisions of this act are declared to be severable, and if any section, sentence, clause or phrase of this act shall for any reason be held to be invalid or unconstitutional, the validity or application of the other provisions of the act shall not be affected, it being the intent of the legislature that the act shall stand notwithstanding the invalidity of any part.
History: L. 1984, ch. 247, § 12; April 19.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128m Same; decommissioning financing plan.

66-128m.
Same; decommissioning financing plan.
(a) Any licensee operating a nuclear power generating facility located in the state on the effective date of this act shall submit a proposed decommissioning financing plan for the facility to the commission not later than December 31, 1985. Any licensee constructing such a facility on the effective date of this act shall submit such a plan to the commission before commercial operation of the facility.
(b) The decommissioning financing plan shall include:
(1) An estimate of the date of closing of the nuclear power generating facility;
(2) an estimate of the cost of decommissioning the facility, expressed in dollars current in the year the plan is prepared, and based on an engineering report issued within three years of the date the plan is submitted to the commission;
(3) the share of the estimated decommissioning costs attributed to each owner;
(4) a plan for funding the decommissioning;
(5) plans for periodic review and updating of the plan, including the cost of decommissioning estimated under paragraph (2);
(6) the amount of money which customers of each owner have been charged for the decommissioning up to the date of submission of the plan and the total amount necessary to meet the projected decommissioning costs of the facility, over the remaining useful life of the facility;
(7) plans and options for insuring against or otherwise financing premature closing of the facility;
(8) reasonable assurance of responsibility in the event of insufficient assets to fund the decommissioning;
(9) a description of the stages by which decommissioning is intended to be accomplished;
(10) a fully executed decommissioning financing agreement between the licensee and each owner, evidencing each owner's acceptance of its respective share of the ultimate financial responsibility for decommissioning. In satisfaction of this requirement, the licensee may submit existing ownership agreements together with documentation from each owner of the applicability of the agreement to the case of financial responsibility for decommissioning; and
(11) any other information related to the financing of decommissioning which the commission requests.
History:
L. 1985, ch. 225, § 56; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128n Nuclear power generating facilities; decommissioning financing plan; hearings; approval or rejection of plan.

66-128n.
Nuclear power generating facilities; decommissioning financing plan; hearings; approval or rejection of plan.
(a) The state corporation commission shall hold a public hearing in accordance with the provisions of the Kansas administrative procedure act on each proposed decommissioning financing plan submitted under K.S.A. 66-128m and amendments thereto. The commission may hold such hearing in conjunction with rate proceedings filed by an owner of the facility.
(b) The commission shall approve such a plan if it finds that the licensee has provided reasonable assurances that: (1) The estimated time of closing of the nuclear power generating facility and the estimated cost of decommissioning are reasonable; (2) the licensee and the owners of the facility can adequately fund the decommissioning; (3) the share of the estimated cost of decommissioning for each owner of the facility is reasonable; (4) the plans and options for insuring against or otherwise financing any shortfall in decommissioning funds resulting from a premature closing are adequate and reasonable; (5) the owners are legally bound to accept their respective shares of the ultimate financial responsibility for decommissioning as provided under K.S.A. 66-128p and amendments thereto; and (6) the plan will periodically be reviewed and revised to reflect more closely the costs and available techniques for decommissioning. This update shall occur at least every five years.
(c) If the commission finds that the decommissioning plan does not meet the criteria under subsection (b), it shall reject the plan and order that it be modified as the commission deems necessary to meet such criteria.
History:
L. 1985, ch. 225, § 57; L. 1988, ch. 356, § 229; July 1, 1989.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128o Same; review of plan, when; changes.

66-128o.
Same; review of plan, when; changes.
(a) If the commission approves a decommissioning financing plan under K.S.A. 66-128n and amendments thereto, it shall, at least every five years until the facility's closing and at least annually after the closing, review the financing plan to assess its adequacy. If changed circumstances make a more frequent review desirable or if the licensee requests it, the commission may review the plan after a shorter time interval. The review shall include, but not be limited to, the following considerations: (1) The estimated date of closing the nuclear power generating facility; (2) the estimated cost of decommissioning; (3) the reasonableness of the method selected for cost estimate purposes; and (4) the adequacy of plans for financing the decommissioning and any shortfall resulting from a premature closing.
(b) The commission, after conducting a review under subsection (a), may, after a hearing in accordance with the provisions of the Kansas administrative procedure act, order such changes in the decommissioning financing plan as it deems necessary to make the plan comply with the provisions of subsection (b) of K.S.A. 66-128n and amendments thereto.
History:
L. 1985, ch. 225, § 58; L. 1988, ch. 356, § 230; July 1, 1989.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128p Same; funding of decommissioning; state has no financial responsibility.

66-128p.
Same; funding of decommissioning; state has no financial responsibility.
(a) If the funds allocated for decommissioning are insufficient to pay for decommissioning costs, the licensee shall first be responsible for the additional cost if it is the only holder of an operating permit from the United States Nuclear Regulatory Commission with respect to the facility.
(b) If the assets of such a licensee are insufficient to cover the remaining cost of decommissioning after such funds are exhausted, or if there are two or more holders of an operating permit from the United States Nuclear Regulatory Commission with respect to the facility, the owners shall be liable for the safe and proper decommissioning of the nuclear power generating facility in accordance with their respective ownership shares in the facility. If, under this subsection, any in-state owner pays decommissioning costs in excess of its ownership share in the facility, that owner shall have a cause of action to recover that excess from the other owners. The attorney general shall assist in bringing such an action.
(c) The state shall have no financial responsibility for decommissioning. If the governor finds that, because of inadequate action by the responsible parties in carrying out decommissioning, protective action is reasonably required to protect the public health and safety, the state may undertake that action. In that case, the attorney general shall bring action against the licensee and the owners to recover the cost of that protective action. If the state pays for any decommissioning costs as a result of an owner paying less than its share of a facility's decommissioning costs, the attorney general shall bring an action against such owner to recover any such costs paid by the state.
(d) The commission shall include all decommissioning funding requirements of an electric utility, which are approved by the commission under K.S.A. 66-128n and 66-128o, in the revenue requirements of the utility.
History:
L. 1985, ch. 225, § 59; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128q Proceeding to review application for recovery of prudent expenditures for certain costs of new nuclear generation facility; application for predetermination of rate-making principles authorized.

66-128q.
Proceeding to review application for recovery of prudent expenditures for certain costs of new nuclear generation facility; application for predetermination of rate-making principles authorized.
On and after July 1, 2008, the state corporation commission, upon application and request, shall authorize an electric utility to recover the utility's prudent expenditures for development costs, which include preliminary engineering, study, feasibility, prepayments for major equipment and permitting costs for a new nuclear generation facility by an adjustment to the utility's rates. The application and request shall be subject to such procedures and conditions, including review of the prudence of the expenditures and the reasonableness of the measures, as the commission deems appropriate. The commission shall allow any electric public utility to apply and request a predetermination of rate-making principles and treatment applicable to the utility's rates to recover development costs for a new nuclear generation facility, which include preliminary engineering, study, feasibility, prepayments for major equipment and permitting costs, prior to construction of the facility.
History:
L. 2008, ch. 174, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-128r Depreciation fixed for electric utilities possessing a federal license to operate a nuclear generation facility.

66-128r.
Depreciation fixed for electric utilities possessing a federal license to operate a nuclear generation facility.
An electric utility which receives on and after July 1, 2008, a license to operate a nuclear generation facility from the United States nuclear regulatory commission shall be allowed to use a book depreciable remaining life of not more than the amount of time remaining on the United States nuclear regulatory commission operating license of such facility.
History:
L. 2008, ch. 174, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-129 Examination of accounts and records.

66-129.
Examination of accounts and records.
The commission shall have authority to examine and audit all accounts, and all items shall be allocated to the accounts prescribed by the commission. The agents, accountants or examiners employed by the commission shall have authority under the direction of the commission to inspect and examine any and all books, accounts, papers, records, property and memoranda kept by such public utilities and common carriers.
History: L. 1911, ch. 238, § 29; R.S. 1923, 66-129; L. 1995, ch. 15, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-129a Gas or electric public utilities; nonregulated private enterprises, separate accounting, audit.

66-129a.
Gas or electric public utilities; nonregulated private enterprises, separate accounting, audit.
(a) As used in this section:
(1) "Commission" means the state corporation commission.
(2) "Gas or electric public utility" means: (A) Any gas or electric public utility, as defined by K.S.A. 66-104 and amendments thereto, the rates of which are regulated by the commission; or (B) any gas or electric cooperative public utility, as defined by K.S.A. 66-104 and amendments thereto.
(3) "Nonregulated private enterprise" means: (A) The business of selling or otherwise providing any gas or electric household appliance; (B) the business of installing any gas or electric household appliance; or (C) the business of servicing any gas or electric household appliance under a contract providing for maintenance or repair of such appliance for a period of time specified by the contract.
(b) Each gas or electric public utility shall maintain, in accordance with generally accepted accounting principles, a separate accounting system for all nonregulated private enterprise engaged in by such utility. The accounting shall include both costs and revenues associated with such enterprise. Costs to be allocated to such accounting system shall include materials, labor, insurance, transportation and all other direct and indirect costs of engaging in the nonregulated private enterprise. Costs or revenues required to be allocated to such accounting system shall not be included in any rate, joint rate, toll or charge for any utility service of the gas or electric utility.
(c) Subject to the provisions of subsection (d), the commission may at any time examine and audit the books, accounts, papers, records and memoranda kept by a gas or electric public utility in order to determine compliance with the provisions of subsection (b).
(d) No audit shall be conducted pursuant to this section more often than every two years, but nothing in this subsection shall be construed to limit the authority of the commission pursuant to other statute to examine and audit, for any purpose, the books, accounts, papers, records and memoranda kept by a public utility.
History:
L. 1992, ch. 147, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-132 Accidents; notice to commission; investigations.

66-132.
Accidents; notice to commission; investigations.
Every common carrier and every public utility governed by the provisions of this act, whenever an accident attended with loss of human life or serious personal injury occurs upon its premises within this state, shall give immediate notice thereof to the commission by telegraph, telephone or telecopy. If notice is given by telephone, such notice shall be followed by a written notice sent by certified or registered mail. In the event of any such accident, if the commission determines that the public interest requires an investigation to be made with the secretary of labor, such investigation shall be held in the locality of the accident, unless for greater convenience of those concerned, the commission orders such investigation be held at some other place. Such investigation may be adjourned from place to place as may be found necessary and convenient. The commission shall notify an officer or agent of the public utility or common carrier of the time and place of the investigation in a timely manner.
History: L. 1911, ch. 238, § 32; R.S. 1923, 66-132; L. 1991, ch. 204, § 1; L. 2004, ch. 179, § 92; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-134 Permit to transact business to be recorded on books of corporation.

66-134.
Permit to transact business to be recorded on books of corporation.
No common carrier or public utility governed by the provisions of this act shall issue any stock, certificates, bonds, notes or other evidences of indebtedness, for money, property or services, either directly or indirectly, nor shall it receive any money, property or services in payment of the same either directly or indirectly until there shall have been recorded upon the books of such corporation the certificate of the commission herein provided for.
History:
L. 1911, ch. 238, § 34; May 22; R.S. 1923, 66-134.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-136 Transfer of franchise or certificate of convenience.

66-136.
Transfer of franchise or certificate of convenience.
No franchise or certificate of convenience and necessity granted to a common carrier or public utility governed by the provisions of this act shall be assigned, transferred or leased, nor shall any contract or agreement with reference to or affecting such franchise or certificate of convenience and necessity or right thereunder be valid or of any force or effect whatsoever, unless the assignment, transfer, lease, contract or agreement shall have been approved by the commission. The provisions of this section shall not apply to local exchange carriers that have elected price cap regulation pursuant to subsection (b) of K.S.A. 66-2005, and amendments thereto, unless a transaction subject to this section is solely between such carrier and a local exchange carrier that has elected rate of return regulation pursuant to subsection (b) of K.S.A. 66-2005, and amendments thereto, operating wholly within this state.
History:
L. 1911, ch. 238, § 36; R.S. 1923, 66-136; L. 1995, ch. 16, § 1; L. 2008, ch. 146, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-137 Penalty for falsifying or destroying accounts and records; commission may order destruction.

66-137.
Penalty for falsifying or destroying accounts and records; commission may order destruction.
Any person who shall intentionally make any false entry in the accounts, books of account, records, or memoranda kept by any common carrier or any public utility governed by the provisions of this act, or who shall intentionally destroy, mutilate, alter or by any other means or device falsify the record of any such account, book of accounts, record or memorandum, or who shall intentionally neglect or fail to make full, true and correct entries of such account, book of accounts, record or memorandum of all facts and transactions appertaining to such common carriers or public utilities business, or who shall falsely make any statement required to be made to the corporation commission, shall be guilty of a severity level 7, nonperson felony, and in addition to the sentence authorized by law, be ordered to pay a fine in a sum not to exceed $5,000. The commission may, in its discretion issue orders specifying such operating, accounting or financial papers, records, books, blanks, tickets, stubs or documents, of carriers which may after a reasonable time be destroyed, and prescribing a length of time such books, papers or documents shall be preserved, except that such orders shall be in harmony with those of the relevant federal agency.
History:
L. 1911, ch. 238, § 37; R.S. 1923, 66-137; L. 2001, ch. 92, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-138 Common carriers, public utilities; penalties for violation of law; disposition; enforcement.

66-138.
Common carriers, public utilities; penalties for violation of law; disposition; enforcement.
(a) If any common carrier or public utility governed by the provisions of this act violates any of the provisions of this act, or shall do any act herein prohibited, or fails or refuses to perform any duty enjoined upon it in this act, or fails, neglects or refuses to obey any lawful requirement or order made by the commission, or any final judgment or decree made by any court upon appeal from any order of the commission, it shall, for every such violation, failure or refusal, forfeit and pay to the state treasurer (1) A sum not less than $100 and not more than $1,000 for such offense if the violator is a telecommunications public utility subject to traditional rate of return regulation; a telecommunications public utility described in K.S.A. 66-104a, and amendments thereto; a municipally owned and operated electric or natural gas public utility; an electric or natural gas cooperative public utility; a water public utility; or a nonprofit public utility; and (2) a sum not less than $100 and not more than $5,000 for such offense if the violator is any other common carrier or public utility. Upon receipt of any such sum, the state treasurer shall credit the entire amount thereof to the public service regulation fund or the motor carrier license fee fund, as the case requires.
Such forfeiture shall be enforced and collected by the attorney general in any court of competent jurisdiction. The attorney general may appoint a corporation commission attorney as a special assistant attorney general for the purposes of enforcing and collecting any forfeiture contemplated herein. In construing and enforcing the provisions of this act, any act, omission or failure of any officer, agent or other person acting for or employed by any such public utility or common carrier, while acting within the scope of such person's employment, shall in every case be deemed to be the act, omission or failure of such public utility or common carrier and every day during which any such public utility or common carrier or officer, agent or employee thereof, fails to comply with any order or direction of the commission, or to perform any duty required or enjoined by this act, shall constitute a separate and distinct violation of the provisions of this act.
(b) The provisions of subsection (a), shall not apply to any motor carrier.
History:
L. 1911, ch. 238, § 38; R.S. 1923, 66-138; L. 1973, ch. 106, § 18; L. 1986, ch. 248, § 1; L. 1994, ch. 88, § 1; L. 2000, ch. 78, § 3; L. 2001, ch. 92, § 5; L. 2004, ch. 103, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-139 Enforcement of act or order.

66-139.
Enforcement of act or order.
The commission may compel compliance with the provisions of this act and compel compliance with the orders of the commission by proceeding in mandamus, injunction or other appropriate civil remedies, or by appropriate criminal proceedings in any court of competent jurisdiction.
History:
L. 1911, ch. 238, § 39; May 22; R.S. 1923, 66-139.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-140 Rights and remedies cumulative.

66-140.
Rights and remedies cumulative.
The rights and remedies given by this act shall be construed as cumulative of all other laws in force in this state relating to common carriers and public utilities, and shall not repeal any other remedies or rights now existing in this state for the enforcement of the duties and obligations of public utilities and common carriers or the rights of the corporation commission to regulate and control the same except where inconsistent with the provisions of this act.
History:
L. 1911, ch. 238, § 40; May 22; R.S. 1923, 66-140.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-143 Interstate rates; corporation commission intervention in proceedings before federal agencies.

66-143.
Interstate rates; corporation commission intervention in proceedings before federal agencies.
The corporation commission shall have power to intervene in any case pending before the relevant federal agency in which interstate rates, service or safety affecting the interest of Kansas motor carriers, common carriers or shippers are involved, and the commission is hereby empowered and directed to pay all expenses of investigation and prosecution of litigation instituted under this section out of the contingent fund of the commission.
History:
R.S. 1923, 66-143; L. 2000, ch. 78, § 4; L. 2001, ch. 92, § 6; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-144 Same; application for relief from interstate rates or regulations.

66-144.
Same; application for relief from interstate rates or regulations.
If any interstate rate, joint rate, fare, toll, charge, rule or regulation, classification or schedule of rates, joint rates, fares or tolls is found to be unjust, unreasonable, excessive, unjustly discriminatory, or unduly preferential, or in violation of, the interstate commerce law, or in conflict with the rules, orders or regulations of a federal agency, the corporation commission may apply by petition or other proper method to the relevant federal agency for relief.
History:
L. 1911, ch. 238, § 43; R.S. 1923, 66-144; L. 2000, ch. 78, § 5; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-150 Witnesses, process and depositions; penalties for obstruction or refusal to give information; immunity of witnesses; taxation of costs.

66-150.
Witnesses, process and depositions; penalties for obstruction or refusal to give information; immunity of witnesses; taxation of costs.
The commission or any member thereof is empowered to issue subpoenas and administer oaths; and any person who may willfully obstruct said commission, or any member thereof, in the performance of the commission's duties shall be deemed guilty of a class B misdemeanor.
Each witness who shall appear before the commission, or any member thereof, in answer to a subpoena, shall receive for his or her attendance the same fees and mileage as are provided by law for witnesses attending in the district courts. When the commission is liable for the payment of such fees and mileage, the same shall be paid in the manner other expenses of the commission are paid, upon the presentation of proper vouchers, sworn to by such witness and approved by the chairperson of the commission or by a person or persons designated by the chairperson.
If any witness shall fail or refuse to obey a subpoena, said commission or any member thereof may apply to any district court or judge thereof for an order and an attachment for said witness, directed to any sheriff of the state of Kansas, and which said court or judge may issue, and compel him or her to attend before the commission, or any member thereof, and give his or her testimony and answer any question upon such matters as shall be lawfully required of him or her. If a witness, after being duly summoned and ordered by any such court or judge, shall fail or refuse to attend, or to answer any question propounded to such witness, and which he or she would be required to answer if in a court, such court or judge shall have the power to fine and imprison such witness for contempt. The claim that any such testimony may tend to criminate the person giving it shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceedings, nor shall such person be liable to criminal prosecution for or on account of any transaction, matter or thing concerning which he or she may so testify. In lieu of compelling the personal attendance of witnesses, the commission may issue proper process and take depositions in the manner depositions are taken in civil cases in district court.
The sheriff executing any process under the provisions of this section, or under any other provisions of this act, shall receive such compensation as may be allowed by the commission, not to exceed fees provided by law for similar service in civil cases. The commission is authorized to tax all costs of hearings to parties or the state, as in its judgment shall be just.
History:
R.S. 1923, 66-150; L. 1976, ch. 286, § 1; July 1.