66-104b. Electric cooperative public utilities not subject to commission jurisdiction; conditions; exceptions. - Kansas Statutes

66-104b

Chapter 66.--PUBLIC UTILITIES Article 1.--POWERS OF STATE CORPORATION COMMISSION

      66-104b.   Electric cooperative public utilities not subject tocommission jurisdiction; conditions; exceptions.(a) Except as otherwise provided in subsection (b), noelectric cooperative public utility, which is a nonprofit membershipcorporation, shall be subject to the jurisdiction, regulation, supervisionand control of the state corporation commission if it meets the following conditions:

      (1)   The original cost of its electric public utility facilities locatedin the state constitutes less than 25% of the total original cost of allits electric public utility facilities located everywhere;

      (2)   the electric cooperative public utility does not have its headquartersoffice in this state;

      (3)   the electric cooperative public utility is subject to the jurisdiction,regulation, supervision and control of a regulatory authority existing underthe laws of any state bordering upon this state;

      (4)   the electric cooperative public utility certifies to the state corporationcommission that a regulatory authority of a bordering state has assertedjurisdiction, regulation, supervision and control over its electric operations; and

      (5)   customers of the electric cooperative public utility in this stateare charged the same rates and are provided service under the same termsand conditions as are its customers located in similar areas in a bordering state.

      (b)   The state corporation commission shall retain jurisdiction andcontrol over any such electric cooperative public utility necessary to insurecompliance with the condition that customers of the electric cooperativepublic utility in this state are provided service under the same terms andconditions as are its customers located in similar areas of a borderingstate and may, in its discretion, require any such utility to furnish copiesof documents filed with the appropriate regulatory authority of the appropriatebordering state which demonstrate its compliance with the condition. Nothingin this section shall be construed to affect the single certified serviceterritory of an electric cooperative public utility or the authority ofthe state corporation commission over an electric cooperative public utilitywith regard to service territory, wire stringing and transmission linesiting pursuant to K.S.A. 66-131, 66-1,170 et seq., 66-183, 66-1,177et seq., and amendments to such sections. Nothing herein shall affectthe jurisdiction of the state corporation commission over sales of power for resale.

      History:   L. 1985, ch. 223, § 1; April 25.