55-1204. Underground storage of natural gas;certificate of commission; notice and hearing; assessment of costs; dispositionof moneys.(a) Any natural gas public utility desiring to exercise the right of eminentdomain as to any property for use for underground storage of natural gasshall, as a condition precedent to the filing of its petition in thedistrict court, obtain from the commission a certificate setting outfindings of the commission:
(1) That the underground stratum orformation sought to be acquired is suitable for the underground storageof natural gas and that its use for such purposes is in the publicinterest; and
(2) the amount of recoverable oil and native gas, if any,remaining therein.
(b) The commission shall issue nosuch certificate until after public hearing is had on application andupon reasonable notice to interested parties in accordance with theprovisions of the Kansas administrativeprocedure act. Subject to the provisionsof K.S.A. 55-143, and amendments thereto, the applicant shall beassessed an amount equal to all or any part of thecosts of such proceedings and the applicant shall pay theamount so assessed.
(c) All provisionsof K.S.A. 66-106, 66-118a, 66-118b, 66-118c, 66-118d, 66-118e,66-118j and 66-118k, and amendments thereto, shallbe applicable to allproceedings of the commission under K.S.A. 55-1201 to 55-1206, inclusive,and amendments thereto.
(d) The state corporation commission shall remit all moneys received byor for it for costs assessed under this section to the state treasurer inaccordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the statetreasurershall deposit the entire amount in the state treasury to the credit ofthe conservation fee fund createdby K.S.A. 55-143,and amendments thereto.
History: L. 1951, ch. 268, § 4; L. 1978, ch. 211, § 9;L. 1986, ch. 202, § 6;L. 1988, ch. 356, § 173;L. 2001, ch. 5, § 199; July 1.