reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-79 - Organization employee limitations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Employees and
			 employee committees of the organization shall not initiate a proposal nor
			 determine whether to adopt, reject, or otherwise dispose of a proposal
			 effecting a change in any tariff item published by or for the account of any
			 member carrier.
(b) Employees and
			 employee committees may provide expert analysis and technical assistance to any
			 member carriers or shippers in developing or evaluating a carrier or shipper
			 initiated rate or rule proposal.
(c) Any advice concerning an independent
			 action as defined in K.A.R. 82-4-77 proposal shall remain confidential.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-80 - Final disposition of dockets

Current through Register Vol. 43, No. 28, July 11, 2024
The organization shall make a final disposition of a rule or
				rate docketed with it by the 120th day after the proposal is docketed. However,
				if unusual circumstances require, the organization may extend that period,
				subject to review by the commission.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-81 - Organization protest

Current through Register Vol. 43, No. 28, July 11, 2024
The organization shall not file a protest or complaint with the
				commission against any tariff item published by or for the account of any motor
				carrier of property or passengers.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-82 - Burden of proof of violations and effects of violations

Current through Register Vol. 43, No. 28, July 11, 2024
In any proceeding in which a party alleges that a carrier
				voted, discussed, or agreed on a rate or allowance in violation of collective
				ratemaking regulations of the commission, that party shall have the burden of
				showing that the vote, discussion, or agreement occurred. A showing of parallel
				behavior shall not satisfy that burden by itself.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-83 - Commission review of collective rate making agreements

Current through Register Vol. 43, No. 28, July 11, 2024
The commission shall review each collective rate making
				agreement approved under these rules at least once every three years to
				determine whether the agreement or an organization established or continued
				under an approved agreement still complies with the requirements of the
				statutes and applicable rules.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-84 - Revoking collective rate making agreements

Current through Register Vol. 43, No. 28, July 11, 2024
Upon proper notice and hearing, and a finding that the
				collective rate making procedures are not being followed, the commission may
				revoke its approval or order corrections to the activities and procedures of
				persons, groups, agencies, bureaus and other entities engaging in collective
				rate making before the commission.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-3 - General duty of carriers

Current through Register Vol. 43, No. 28, July 11, 2024
The officers, officials and agents of every carrier shall
				comply with the rules and regulations of this commission and with reasonable
				requests of the commission or its duly authorized agents for inspection of the
				carrier's right-of-way.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-4 - Regulations relating to inspection of bridges and other structures

Current through Register Vol. 43, No. 28, July 11, 2024
Every railroad operating in the state of Kansas shall inspect
				its bridges, trestles and culverts at least once a year and certify to the
				commission that the bridges, trestles and culverts are safe for the loads
				imposed upon them.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-6 - Regulation relating to inspection, maintenance and repair of trackage, road bed, right-of-way, bridges and other structures

Current through Register Vol. 43, No. 28, July 11, 2024
If, on the inspector's report, the commission has reasonable
				ground to believe that any track, bridge or other structure of the railroad is
				in a condition which renders it dangerous, unfit or unsafe, the commission
				shall immediately give the superintendent or other executive officer of the
				company operating that railroad notice of the condition thereof and of the
				repairs or reconstruction necessary to place it in a safe condition. The
				commission may prescribe the time in which the repairs or reconstruction
				necessary to place it in a safe condition must be made and the maximum speed
				that trains may be operated over the dangerous or defective track, bridge or
				other structure until the repairs or reconstruction required are made. The
				commission may forbid the running of trains over the defective track, bridge or
				other structure, if it is of the opinion that such action is necessary and
				proper. However, the railroad affected by such a prohibition may request a
				hearing to determine whether or not such action is necessary and proper. Any
				company operating a railroad in Kansas may designate a representative to confer
				with the commission or any member thereof, at the time and place designated by
				the commission, in order to discuss the condition of the railroad property
				affected by this section.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-8 - Trackage and grade crossings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Track Safety
			 Standards," 49 CFR Part 213, as in effect on September 15, 1983 is hereby
			 adopted by reference.
(b) Grade
			 crossing surfaces shall be adequately maintained for rail movement.
(c) The railroad shall keep its right-of-way
			 clear, for a reasonable distance, of weeds and vegetation and other unnecessary
			 obstructions, including railroad cars, when the vegetation and obstructions may
			 interfere with the visibility of approaching motor vehicles.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-9 - Regulations relating to construction, reconstruction and maintenance of walkways adjacent to the railroad trackage; control of vegetation and removal of debris and trash

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In all
			 switching areas within and outside of the yard limits, each railroad shall
			 provide reasonably safe and adequate walkways adjacent to its tracks. All such
			 walkways shall be maintained and kept as reasonably free of vegetation, trash
			 and debris as may be appropriate to prevailing conditions. Each railroad shall
			 provide for the abatement of weeds and brush adjacent to and upon walkways that
			 is necessary to prevent the objectionable vegetation from encroaching upon such
			 walkways.
(b) The commission may
			 order the railroad corporation to eliminate any unsafe walkway condition and
			 may specify a reasonable time for completion of the improvement as may be
			 appropriate under the circumstances.
(c) If any railroad shows good cause and
			 submits an application for a deviation from the provisions of this regulation.
			 The requested deviation may be authorized by the commission. The application
			 shall include a full statement of the conditions which prevail at the time and
			 place involved and the reasons why deviation is deemed necessary.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-10 - Speed restrictions

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever a railroad deems it necessary to protect the movement
				of trains by placing a speed restriction on a portion of trackage, and the
				speed restriction remains in force over sixty (60) days, the existence of the
				speed restriction must be reported to the commission, the reasons stated for
				the speed restriction and the reasons why corrective action has not been
				completed.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-11 - Regulation relating to transportation of hazardous materials by railroads

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When the track
			 condition on any railroad makes the transportation of explosives and other
			 dangerous articles hazardous, restriction of the movement over the track may be
			 imposed by the state corporation commission until track conditions are
			 corrected or a satisfactory alternate route is available.
(b) The following parts of the federal
			 hazardous materials rules and regulations promulgated by the U.S. department of
			 transportation are incorporated by reference as the rules and regulations of
			 the state corporation commission of the state of Kansas: Title 49 CFR, Parts
			 171, 172, 173, 174, 177, 178, and 393.77, except sections 49 CFR 174.45,
			 174.104(c)
			 and (d),
			 174.700, 177.825,
			 177.842,
			 177.843 and 177.861, as in effect
			 on September 26, 1986.
(c)
			 Whenever the incorporated federal regulations refer to portions of the federal
			 regulations that are not included under subsection (b), that reference shall
			 not be applicable to this regulation.
(d) Any reference to the following
			 publications listed in 49
			 CFR 171.7. (d)(1); (d)(3)(ii), (iii) and
			 (iv); (d)(5)(i), (ii), (vi), (vii), (ix), (xix), (xx), (xxi), (xxii), (xxiii),
			 (xxiv), (xxv), (xxvi), (xxvii), (xxviii), (xxix), (xxx), (xxxi), (xxxii) and
			 (xxxiii); (d)(6); (d)(7)(i), (ii), (iii) and (iv); (d)(13); (d)(14); (d)(15)(i)
			 and (ii); (d)(16)(i); (d)(17); (d)(18); (d)(19); (d)(20); (d)(21); (d)(22);
			 (d)(25); (d) 26; (d) 27; (d) 28; "Manual on Roof Coverings," NFPA 203M-1970;
			 and "Specifications, Properties, and Recommendations for Packaging,
			 Transportation, Storage, and Use of Ammonium Nitrate" are excepted from these
			 regulations. Any regulation subsections in which these exceptions appear are
			 not incorporated by reference in this regulation.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-12 - Regulations relating to the filing of rules and regulations of the operating departments of railroad corporations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each railroad
			 corporation operating in the state of Kansas shall file with the commission,
			 the existing rules and regulations of the operating department and any future
			 changes or revisions thereof in accordance with the provisions of the following
			 paragraphs:
(1) The rules and regulations of
			 operating departments presently in effect on any railroad operating in the
			 state of Kansas shall be filed no later than 60 days from the effective date of
			 this order and rules.
(2) Each
			 railroad operating in the state of Kansas shall file with the commission any
			 change or re-issue, either in whole or in part, of the rules and regulations of
			 the operating department within 30 days after any change or reissue.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-13 - Overhead clearance

Current through Register Vol. 43, No. 28, July 11, 2024
Each railroad shall comply with the following provisions
				regarding the minimum overhead clearance allowed for railroad safety.
(a) Overhead clearance shall be a minimum of
			 22 feet, six inches, unless excepted in another subsection of this regulation.
(b) In buildings, clearances may
			 be reduced to 18 feet, for those tracks terminating:
(1) within the building; or
(2) in the immediate plant area, if the
			 tracks extend through the building. Overhead clearance of doors may be reduced
			 to 17 feet, no inches.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-15 - Regulations relating to track clearance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Track clearance
			 on main and subsidiary tracks shall be a minimum of fourteen (14) feet as
			 measured between the center lines of parallel standard gauge railroad tracks;
(b) minimum clearance between
			 parallel team, house or industry tracks shall be thirteen (13) feet between
			 center lines;
(c) minimum
			 clearance between ladder track and any parallel track shall be seventeen (17)
			 feet except that the clearance between ladder track and another parallel ladder
			 track shall be at least twenty (20) feet between center lines.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-16 - General conditions

Current through Register Vol. 43, No. 28, July 11, 2024
The space between or beside such tracks as is ordinarily used
				by train and yard personnel and other employees in the discharge of their
				duties shall be kept clear of air and water pipes, grass, weeds, and other
				foreign obstacles which might interfere with the work of the employees or
				subject the employees to unnecessary hazard. Such space between or beside the
				tracks and between the rails of the track must be kept in such condition as to
				permit the employees to pass over or between the tracks or to use the same day
				or night and under all weather conditions without unnecessary hazard.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 6 - SUPPRESSION OF DIESEL LOCOMOTIVE ORIGINATED FIRES ON RAILROAD RIGHT-OF-WAY › Section 82-6-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
The following terms used in connection with rules and
				regulations governing suppression of diesel locomotive originated fires on
				railroad right-of-way shall be defined as follows:
(1) The term "commission" refers to the state
			 corporation commission of the state of Kansas.
(2) The term "carrier" means any railroad,
			 railway company or corporation subject to commission jurisdiction, which
			 operates a railroad in the state of Kansas.
(3) The term "right-of-way" is the property
			 on which the road bed, tracks and fixed facilities necessary for the operation
			 of trains are located.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 6 - SUPPRESSION OF DIESEL LOCOMOTIVE ORIGINATED FIRES ON RAILROAD RIGHT-OF-WAY › Section 82-6-2 - Spark arresters

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No carrier
			 shall use or operate a non-turbo charged diesel locomotive for over-the-road
			 service in the state of Kansas unless it is equipped with a spark arrester. The
			 spark arrester shall be constructed of nonflammable materials that are at least
			 80 percent efficient in the retention or destruction of all carbon particles
			 .023 inch in diameter and larger for 30 to 100 percent of the locomotive
			 engine's exhaust flow rate. With the addition of the arrester, the total
			 manifold exhaust back leg pressure shall not exceed 3 1/2 inches of mercury.
(b) Any carrier may make
			 application to the commission for an extension of time to meet the standards of
			 subsection (a) on the grounds of nonavailability of parts and material, or on
			 the grounds of financial inability to meet the provisions of subsection (a).
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 6 - SUPPRESSION OF DIESEL LOCOMOTIVE ORIGINATED FIRES ON RAILROAD RIGHT-OF-WAY › Section 82-6-3 - High fire areas

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The term "high
			 fire area" means any 10-mile section of a carrier's right-of-way wherein there
			 has been, during the immediate past three-calendar-year period, an average of
			 three or more diesel locomotive originated fires per year.
(b) Every carrier shall treat high fire areas
			 by either plowing, burning, cutting, or chemically spraying all vegetation for
			 a distance of not less than 25 feet from the outside rails and between all
			 rails on its right-of-way. Periodic inspections of the high fire areas shall be
			 made by the commission to assure compliance with this standard.
(c) On or before March 1 of each year, every
			 carrier shall report to the commission all high fire areas on its right-of-way
			 in the state of Kansas.
(d) The
			 report shall state the location of the high fire areas by railroad mile post
			 numbers, county, and nearest town or city. The report shall also include, but
			 not be limited to, the date of each fire, the number of fires and the total
			 acres burned in each of the specific high fire areas.
(e) The report shall state the nature of the
			 treatment of high fire areas, and the date of that treatment for each area in
			 the preceding calendar year.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 8 - SITING OF NUCLEAR GENERATION FACILITIES › Section 82-8-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article, the following definitions shall apply:
(a) "Applicant" means any electric
			 utility making application for a permit pursuant to
			 K.S.A.
			 66-1,159, and amendments thereto.
(b) "Application" means a request for
			 issuance of a permit authorizing the site preparation for, or the construction
			 of a nuclear generation facility, which is also referred to as proposed
			 facility or facility, or an addition to a nuclear generation facility at a
			 particular site in accordance with
			 K.S.A.
			 66-1,159, and amendments thereto.
(c) "Permit" means the authorization granted
			 by the commission that permits the applicant to begin preparation for, or
			 construction of a nuclear generation facility or addition to a nuclear
			 generation facility on the proposed site.
(d) "Site" means any proposed location of a
			 nuclear generation facility or an addition to a nuclear generation facility.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 8 - SITING OF NUCLEAR GENERATION FACILITIES › Section 82-8-2 - Formal requirements for a permit application and supporting documents

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application for a permit shall contain the following:
(1) A summary statement of the applicant's
			 proposal, including a specific statement describing the proposed facility or
			 addition to it;
(2) a legal
			 description of the land to be used, including the total number of acres
			 intended to be used; and
(3) a
			 statement showing the need for the proposed facility or addition to it.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 8 - SITING OF NUCLEAR GENERATION FACILITIES › Section 82-8-3 - Requirements for applications

Current through Register Vol. 43, No. 28, July 11, 2024
Each application for a permit shall be accompanied by
				supporting documents as specified below and shall be assembled under topical
				sections corresponding to the subsections below, with index tabs for each
				section. The order and material to be included in each section shall be as
				follows:
(a) An economic feasibility
			 study on the proposed facility, setting forth the following:
(1) The estimated capital investment in the
			 site, the proposed facility, and other related facilities;
(2) the anticipated source and the amount of
			 funds to finance the project from each source;
(3) the period proposed for construction and
			 the source of the labor force; and
(4) an economic comparison of the proposed
			 facility and site, with other alternatives. The applicant shall include
			 expansion at existing sites, as well as a discussion of power loss associated
			 with the transmission distance, using a present-value revenue requirement
			 comparison and a levelized mill per kilowatt-hour cost over the planning
			 horizon with and without estimated cost escalation effects. This analysis shall
			 compare the expected present value or the expected levelized cost with the
			 proposed generation and transmission facility and without the proposed
			 facility. The data used in developing this comparison shall be submitted in the
			 format specified by the commission and shall be consistent with the data used
			 in subsections (c) and (g);
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-1 - Railroad tariff filing requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Each railroad tariff for rates or
			 provisions published in connection with a new service, and each railroad tariff
			 change that would result in increased rates, shall be on file with the
			 commission at least 20 days prior to its effective date.
(2) Each railroad tariff which would result
			 in decreased rates or increased value of service shall be on file at least 10
			 days prior to its effective date.
(3) Each rate publication filed with the
			 commission shall be on forms prescribed by the commission and shall contain
			 such information as the commission may require, including, but not limited to:
(A) a tariff containing all relevant and
			 material provisions relating to the rate and its application; and
(B) a statement as to whether the rate will
			 increase, decrease, or produce no change in the carrier's revenue.
(4) Each railroad tariff which
			 would result in a decrease in the value of service shall be on file at least 20
			 days prior to its effective date.
(5) Each railroad tariff which would result
			 in neither increases or reductions of rate or services shall be filed at least
			 10 days prior to its effective date.
(6) Independently filed new and reduced rail
			 rates may become effective on one day's notice pursuant to 3 I.C.C. 323 (1987)
			 and 49 C.F.R. § 1312.39(h) as in effect on October 1, 1989.
(7) Shorter notice will be available for
			 changes in rail rates upon a showing of good cause pursuant to
			 49 C.F.R. §
										1312.2 as in effect on October 1, 1989.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-2 - Commencement of proceedings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To determine
			 whether a new individual or joint rate, or an individual or joint
			 classification, rule, or practice related to a rate filed with the commission
			 by a rail carrier, is discriminatory, unreasonable or in any way violates the
			 law, the commission may:
(1) on its own
			 initiative, commence an investigation proceeding; or
(2) upon protest of an interested party,
			 commence an investigation proceeding; or
(3) upon protest of an interested party,
			 commence an investigation and suspension proceeding.
The provisions of this subsection shall not apply to general
				rate increases, inflation-based increases, or fuel adjustment surcharges filed
				under the provisions of 49 U.S.C. § 11051(b)(6), over which the commission
				has no jurisdiction.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-3 - Grounds for suspension

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A proposed
			 rate, classification, rule, or practice shall not be suspended unless it
			 appears, from the specific facts shown by a verified statement of a protestant,
			 that:
(1) there is a substantial probability
			 that the protestant will prevail on the merits;
(2) without suspension, the proposed rate
			 change will cause substantial injury to the protestant or the party represented
			 by the protestant; and
(3) because
			 of the peculiar economic circumstances of the protestant, the provisions of
			 K.A.R. 82-9-11 of these rules do not protect the protestant.
(4) A state agency shall not suspend a
			 proposed rail rate classification, rule or practice on its own motion.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-4 - Duration of suspension period

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each proceeding
			 commenced under these procedures shall be completed within five months from the
			 effective date of the proposed rate, classification, rule or practice. However,
			 if the commission reports to the interstate commerce commission that it cannot
			 make a final decision within that time and explains the reason for the delay,
			 an extension of three months may be allowed to complete the proceeding and make
			 a final decision.
(b) If the
			 commission does not render a final decision within the applicable time period,
			 the rate, classification, rule or practice shall become effective immediately
			 or, if already in effect, shall remain in effect.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-5 - Market dominance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When any new
			 individual or joint rate is alleged to be unreasonably high, a determination of
			 whether or not the railroad proposing the rate has market dominance over the
			 transportation to which the rate applies shall be made by the commission within
			 90 days after the start of a proceeding under these rules.
(b) If the railroad proposing the rate has
			 market dominance over the transportation to which the rate applies, a
			 determination of whether or not the proposed rate exceeds a maximum reasonable
			 level for that transportation shall be made.
(c) If the railroad proposing the rate does
			 not have market dominance over the transportation to which the rate applies, no
			 determination on the issue of reasonableness will be made.
(d) Any finding by the commission that the
			 proposed rate has a revenue-variable cost percentage which is equal to or
			 greater than the percentages found in 49 U.S.C. § 10709(d)(2) as in effect
			 on September 23, 1983, which is hereby adopted by reference, shall not
			 establish a presumption that:
(1) The
			 railroad has or does not have market dominance over such transportation; or
(2) the proposed rate exceeds or
			 does not exceed a reasonable maximum level.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-6 - Reasonableness

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except for
			 nonferrous recyclables, the reasonableness of a rate shall be evaluated by the
			 commission only after market dominance has been established. Authority to
			 determine and prescribe reasonable rules, classifications and practices may not
			 be used directly or indirectly to limit the rates that rail carriers are
			 otherwise authorized to establish. Unless prohibited by specific statutory
			 provision, any reasonable rate may be established. The standards set out in 1
			 I.C.C.2d 520 (1985) and ex parte no. 347 (Sub.-No. 2) (unpublished) as served
			 April 8, 1987, are hereby adopted by reference. In determining whether a rate
			 is reasonable, evidence of the following shall be considered:
(1) The amount of traffic that is transported
			 at revenues which do not contribute to going concern value and the efforts made
			 to minimize that traffic;
(2) the
			 amount of traffic which contributes only marginally to fixed costs and the
			 extent to which, if any, rates on the traffic can be changed to maximize the
			 revenues from the traffic; and
(3)
			 the carrier's mix of rail traffic, to determine whether one commodity is paying
			 an unreasonable share of the carrier's overall revenues.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-7 - Burden of proof

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General. The
			 burden shall be on the protestant to prove the matters described in K.A.R.
			 82-9-3 of these rules.
(b)
			 Jurisdiction. The respondent railroad shall bear the burden of showing that the
			 commission lacks jurisdiction to review the proposed rate because the rate
			 produces a revenue variable cost percentage that is less than the percentages
			 found in 49 U.S.C. Sec. 10709(d)(2), which is hereby adopted by reference, as
			 in effect on September 23, 1983. The railroad may meet its burden of proof by
			 showing the revenue variable cost percentage for that transportation to which
			 the rate applies is less than the threshold percentage cited in 49 U.S.C. Sec.
			 10709(d)(2). The protestant may rebut the railroad's evidence with a showing
			 that the revenue variable cost percentage is equal to or greater than the
			 threshold percentage in 49 U.S.C. Sec. 10709(d)(2).
(c) Intramodal and intermodal competition.
			 The protestant shall bear the burden of demonstrating that there exists no
			 effective intramodal or intermodal competition for the transportation to which
			 the rate applies. The respondent railroad may rebut the protestant's showing
			 with evidence that effective intramodal or intermodal competition exists.
(d) Product and geographic
			 competition. The railroad shall also introduce evidence of product or
			 geographic competition by identifying such competition. Once the railroad has
			 made this identification, the party opposing the rate shall have the burden of
			 proving that the product or geographic competition identified by the railroad
			 is not effective.
(e)
			 Reasonableness of rate increases. Each party protesting a rate increase shall
			 bear the burden of demonstrating its unreasonableness if the rate:
(1) is authorized under 49 U.S.C. §
			 10707a, as in effect on September 23, 1983; and
(2) results in a revenue variable cost
			 percentage for the transportation to which the rate applies that is less than
			 the lesser of the percentages described in clauses (i) and (ii) of 49 U.S.C.
			 § 10707a(e)(2)(A), as in effect on September 23, 1983.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-8 - Zone of rate flexibility

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Any rail carrier may raise any rate
			 subject to the limitations described in 49 U.S.C. Sec. 10707a as in effect on
			 September 23, 1983. Base rates increased by the quarterly rail cost adjustment
			 factor shall not be investigated or suspended.
(2) In addition, any railroad may increase
			 any rate by 6% per annum until October 1984. Railroads not earning adequate
			 revenues, as defined by the interstate commerce commission, after that period,
			 may raise rates 4% per year. Neither the 6% or 4% increase shall be suspended.
			 If either increase results in a revenue to variable cost ratio that equals or
			 exceeds 190%, the rate may be investigated either upon the commission's own
			 motion or on complaint of an interested party. The preceding standards
			 regarding the regulation of intrastate rail rates are adopted by the commission
			 to conform to the staggers rail act of 1980.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-9 - Monetary adjustments for suspension actions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Rate increases
			 with no suspensions. If the commission does not suspend, but investigates, a
			 proposed rate increase under K.A.R. 82-9-3, the rail carrier shall account for
			 all amounts received under the increase until the commission completes its
			 proceedings under K.A.R. 82-9-4. The accounting shall specify by whom and for
			 whom the amounts are paid. When the commission takes final action, the carrier
			 shall refund to the persons for whom the amounts were paid that part of the
			 increased rate found to be unreasonable, plus interest at a rate equal to the
			 average yield, on the date that the "statement of monetary adjustment" is
			 filed, of marketable securities of the United States government having a
			 duration of 90 days.
(b) Rate
			 increases with suspension. If a rate is suspended and any portion of that rate
			 is later found to be reasonable, the carrier shall collect from each person
			 using the transportation to which the rate applies the difference between the
			 original rate and the portion of the suspended rate found to be reasonable for
			 any services performed during the period of suspension. The carrier shall also
			 collect, from such persons, interest at a rate equal to the average yield, on
			 the date that the "statement of monetary adjustment" is filed, of marketable
			 securities of the United States government having a duration of 90 days.
(c) Rate decreases with
			 suspension. If the commission suspends a proposed rate decrease which is later
			 found to be reasonable, the rail carrier may refund any part of the decrease
			 found to be reasonable if the carrier makes the refund available to each
			 shipper who participated in the rate, in accordance with the relative amount of
			 that shipper's traffic which was transported at that rate.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-10 - Filing requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The protest,
			 reply and any other pleadings relating to the proceeding shall not be
			 considered unless made in writing and filed with the commission.
(b) The protest, reply or other pleadings
			 relating to the proceeding shall be received for filing at the commission's
			 office within the time limits, if any, for that filing. The date of receipt at
			 the commission, and not the date of deposit in the mail, is determinative.
(c) If, after examination, the
			 commission finds that the protest, reply, "statement of monetary adjustment" or
			 other pleadings relating to the proceeding are not in substantial compliance
			 with the provisions of these regulations, the commission may decline to accept
			 the documents for filing, advise the party submitting the documents of the
			 deficiencies, and require correction of the deficiencies.
(d) The protest, reply, tariff and other
			 pleadings relating to the proceeding shall be signed in ink and the signer's
			 address shall be stated.
(e) The
			 facts alleged in a protest, reply, tariff or other pleading shall be verified
			 by the person on whose behalf it is filed. If a protest or pleading is filed on
			 behalf of a corporation or other organization, it shall be verified by an
			 officer of that corporation or organization.
(f) Identification. The protested tariff
			 shall be identified by making reference to the name of the railroad or its
			 publishing agent, to the KCC docket number, to the specific items of particular
			 provisions protested and to the effective date of the protested publication.
			 Reference shall also be made to the tariff and specific provisions of the
			 tariff that are proposed to be superseded.
(g) Ground for suspension. The protest shall
			 incorporate:
(1) Sufficient facts to meet the
			 criteria for suspension, as set forth in K.A.R. 82-9-3;
(2) Sufficient facts to sustain the
			 applicable burdens of proof, as set forth in K.A.R. 82-9-7; and
(3) Any additional information that would
			 support suspension of the proposed rate.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-11 - Refund or collection of freight charges based upon commission findings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 otherwise provided, when the commission finds that a railroad must make refunds
			 on freight charges collected, or that the railroad is entitled to collect
			 additional freight charges, but the amount cannot be ascertained upon the
			 record before it, the party entitled to the refund or the railroad entitled to
			 collect additional monies shall immediately prepare a statement showing details
			 of the shipments involved in the proceeding.
(b) The statement shall not include any
			 shipment not covered by the commission's findings. If the shipments moved over
			 more than one route, a separate statement shall be prepared for each route and
			 each statement shall be separately numbered. However, shipments which, in each
			 instance, have the same collecting carrier may be listed in a single statement
			 if grouped according to routes.
(c) Each prepared, certified statement shall
			 be filed with the commission and it shall then consider entry of an order
			 awarding refunds or authorizing collection of additional freight charges.
(d) If a rail carrier wishes to
			 waive the collection of amounts due when such amounts are more than $2,000, a
			 petition for appropriate authority shall be filed by the carrier on the special
			 docket by submitting a letter of intent to waive insignificant amounts. These
			 petitions shall contain the following information:
(1) The name and address of the customer for
			 whom the carrier wishes to waive collection;
(2) The name and addresses of the carriers
			 involved in the intended waiver and a statement certifying that all carriers
			 concur in the action;
(3) The
			 amount intended to be waived;
(4)
			 The points of origin and destination of the shipments and the routes of
			 movement; and
(5) A brief
			 statement of justification for the intended waiver, including the anticipated
			 costs of billing, collection and/or litigation if the waiver is not permitted.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-13 - Market dominance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The commission
			 shall determine, within 90 days of the start of a complaint proceeding, whether
			 the carrier has market dominance over the transportation to which the rate
			 applies. If the commission finds that the carrier has market dominance, it may
			 then determine that rate to be unreasonable if it exceeds a reasonable maximum
			 for that transpor-tation.
(b) If
			 the rail carrier establishing the challenged rate proves that the rate charged
			 results in a revenue-variable cost percentage which is less than that allowed
			 in K.A.R. 82-9-5, the rail carrier shall not be considered to have market
			 dominance over the transportation to which the rate applied.
(c) If the commission determines that a rail
			 carrier does not have market dominance over the transportation to which a
			 particular rate applies, the rate established by that carrier for the
			 transportation shall be reasonable.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-14 - Maximum rates

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Rail rates
			 shall not be established below a reasonable minimum. Any rate for
			 transportation by a rail carrier that does not contribute to the going concern
			 value for that carrier is presumed to be not reasonable.
(b) Rail rates which equal or exceed the
			 variable cost of providing the transportation shall be conclusively presumed to
			 contribute to the going concern value of that rail carrier, and therefore shall
			 be presumed not to be below a reasonable minimum.
(c) In determining whether a rate is
			 reasonable, the policy that railroads earn adequate revenues, as well as
			 evidence of the following factors, shall be considered:
(1) the amount of traffic which is
			 transported at revenues which do not contribute to going concern value and
			 efforts made to minimize such traffic;
(2) the amount of traffic which contributes
			 only marginally to fixed costs and the extent to which, if any, rates on that
			 traffic can be changed to maximize the revenues from such traffic; and
(3) the carrier's mix of rail
			 traffic to determine whether one commodity is paying an unreasonable share of
			 the carrier's overall revenues.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-15 - Burden of proof

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Jurisdiction.
			 Each defendant railroad shall bear the burden of showing that the commission
			 lacks jurisdiction to review a rate because the rate produces a revenue
			 variable cost percentage that is less than the percentages incorporated in
			 K.A.R. 82-9-7. The railroad shall meet its burden of proof by showing the
			 revenue-variable cost percentage for the transportation to which the rate
			 applies is less than the threshold percentage incorporated in K.A.R. 82-9-7.
			 Any complainant may rebut the railroad's evidence with a showing that the
			 revenue-variable cost percentage is equal to or greater than the applicable
			 threshold percentage.
(b)
			 Reasonableness of existing rates. Any party complaining that an existing rate
			 is unreasonably high shall bear the burden of proving that the rate is not
			 reasonable. Any party complaining that an existing rate is unreasonably low
			 shall bear the burden of demonstrating that the rate does not contribute to the
			 going concern value of the carrier, and that the rate is, for that reason,
			 unreasonably low.
(c)
			 Nonapplicability. Complaints shall not be entertained by the commission to the
			 extent that they challenge the reasonableness of the following rate
			 adjustments:
(1) general rate increases;
(2) inflation-based rate
			 increases; or
(3) fuel adjustment
			 surcharges.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-16 - Contracts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Definitions.
(1) "Contract," as used in this regulation,
			 means a written agreement entered into by one or more rail carriers with one or
			 more purchasers of rail services, to provide specified services under specified
			 rates, charges, and conditions.
(2) "Amendment" means written contract
			 modifications signed by the parties.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-17 - Grounds for complaints

Current through Register Vol. 43, No. 28, July 11, 2024
Any contract may be reviewed by the commission on its motion,
				or upon complaint. Contracts shall be reviewed only on the following grounds:
(a) In the case of a contract other
			 than a contract for the transportation of agricultural commodities, including
			 forest products and paper, a shipper may file a complaint only on the grounds
			 that the shipper individually will be harmed because the contract unduly
			 impairs the ability of the contracting carrier or carriers to meet their common
			 obligations under 49 U.S.C. Sec. 11101 (a), as in effect on September 23, 1983.
(b) In the case of a contract for
			 the transportation of agricultural commodities, including forest produce and
			 paper, a shipper may file a complaint only on the grounds that:
(1) The shipper individually will be harmed
			 because the contract unduly impairs the ability of the contracting carrier or
			 carriers to meet common carrier obligations;
(2) The rail carrier or carriers unreasonable
			 discriminated against the shipper; or
(3) The contract constitutes a destructive,
			 competitive practice.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-18 - Filing and service of complaints

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An original and
			 six copies of a complaint shall be filed with the commission by the 18th day
			 after the filing date of the contract. A copy of the complaint shall also be
			 served on each railroad listed as a railroad participating in the contract, by
			 hand, express mail, or other overnight delivery service.
(b) An original and six copies of a reply
			 shall be filed by the 23rd day after the filing of the contract and a copy
			 shall be served upon the complainants.
(c) Any appeal of the commission's decision
			 shall be made at least two work days prior to the contract approval date.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-19 - Commission decision upon review of contract

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Within 30 days
			 after the date a proceeding is begun to review a contract upon the grounds
			 specified in 82-9-17(b), the commission shall decide whether the contract
			 violates the provisions of 49 U.S.C. Sec. 10713, as in effect on September 23,
			 1983. If the commission finds that a violation exists, it shall:
(1) disapprove the contract;
(2) in the case of agricultural contracts
			 where the commission finds unreasonable discrimination by a carrier, order the
			 carrier to provide rates and services substantially similar to the contract at
			 issue with any differences in terms and conditions that are justified by the
			 evidence; or
(3) allow the carrier
			 to cancel the contract.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-20 - Limitation of rights of a rail carrier to enter future contracts

Current through Register Vol. 43, No. 28, July 11, 2024
The commission may limit the right of any rail carrier to enter
				into future contracts if it determines that additional contracts would impair
				the ability of the rail carrier to fulfill its common carrier obligations. That
				determination shall be handled on a case-by-case basis. The commission may
				investigate either on its own initiative or upon the filing of a verified
				complaint, by a shipper, which demonstrates that the carrier's inability to
				fulfill its common carrier obligations, as a result of existing contracts,
				harmed that shipper.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 9 - RAILROAD RATES › Section 82-9-21 - Common carrier responsibility

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The terms of
			 each contract approved by the commission shall completely determine the duties
			 and service obligations of the parties to the contract with respect to the
			 services provided under the contract. The contract shall not affect the
			 parties' responsibilities for any services which are not included in the
			 contract.
(b) The exclusive remedy
			 for an alleged breach of a contract approved by the commission shall be an
			 action in an appropriate state court or United States district court, unless
			 the parties otherwise agree in the contract.