Session Law

Identifying Information:L. 2003 ch. 080
Other Identifying Information:2003 House Bill 2130
Tax Type:Property Tax
Brief Description:An Act concerning transmission of electric power; relating to siting of certain transmission lines; concerning recovery of certain costs of certain utilities; amending K.S.A. 66-1,180 and repealing the existing section.
Keywords:


Body:

CHAPTER 80

HOUSE BILL No. 2130


An Act concerning transmission of electric power; relating to siting of certain transmission

lines; concerning recovery of certain costs of certain utilities; amending K.S.A. 66-1,180


and repealing the existing section.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 66-1,180 is hereby amended to read as follows: 66-

1,180. All hearings conducted pursuant to this act shall be in accordance

with the provisions of the Kansas administrative procedure act. All such

hearings shall be completed within 30 days after the commencement

thereof, unless the electric utility requests a continuance of any such

hearing. All costs of any hearing pursuant to this act shall be taxed against

the electric utility. The commission shall make its decision with respect

to the necessity for and the reasonableness of the location of the proposed

electric transmission line and, taking into consideration the benefit to both

consumers in Kansas and consumers outside the state and economic de-

velopment benefits in Kansas. The commission shall issue or withhold the

permit applied for. The commission and may condition such permit as it

the commission may deem just and reasonable and as may, in its judg-

ment, best protect the rights of all interested parties and those of the

general public.

New Sec. 2. (a) Any electric utility subject to the regulation of the

state corporation commission pursuant to K.S.A. 66-101, and amend-

ments thereto, may seek to recover costs associated with transmission of

electric power, in a manner consistent with the determination of trans-

mission related costs from an order of a regulatory authority having legal

jurisdiction, through a separate transmission delivery charge included in

customers' bills. The electric utility's initial transmission delivery charge

resulting from this section shall be determined by the commission from

transmission-related costs approved in the electric utility's most recent

retail rate filing. If an electric utility elects to recover its transmission-

related costs through a transmission delivery charge, the commission

shall, effective the same date as the effective date of the initial transmis-

sion delivery charge, reduce the electric utility's retail rates to such a level

that the sum of the revenue recovered from such retail rates and the

initial transmission delivery charge is equal to the revenue recovered from

the retail rates in effect immediately prior to the effective date of the

initial transmission delivery charge.

(b) All transmission-related costs incurred by an electric utility and

resulting from an order of a regulatory authority having legal jurisdiction

over transmission matters shall be conclusively presumed prudent for

purposes of the transmission delivery charge and an electric utility may

change its transmission delivery charge whenever there is a change in

transmission-related costs resulting from such an order. An electric utility

shall submit a report to the commission at least 30 business days before

changing the utility's transmission delivery charge. If the commission sub-

sequently determines that all or part of such charge did not result from

an order described by this subsection, the commission may require

changes in the transmission delivery charge and impose appropriate rem-

edies. The retail rates in effect at the time an electric utility changes its

transmission delivery charge shall not be subject to review or change as

a result of a change in the transmission delivery charge.

Sec. 3. K.S.A. 66-1,180 is hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 16, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003