66-1501. Authority of commission to assess expense of investigation against utility; appeal; bond. - Kansas Statutes

66-1501

Chapter 66.--PUBLIC UTILITIES Article 15.--COSTS AND EXPENSES OF INVESTIGATION AND REGULATION; HEARINGS

      66-1501.   Authority of commission to assess expense ofinvestigation against utility; appeal; bond.Whenever, upon any investigation of a public utility made by thestate corporation commission, on its own initiative or upon complaintfiled, the commission shall find that any rate, toll, charge or scheduleor joint rate is unjust, unreasonable, excessive, insufficient orunjustly discriminatory or preferential or otherwise in violation of thepublic utility act; or that any measurement, regulation, practice, actor service is unjust, unreasonable, unsafe, insufficient, preferentialor discriminatory or otherwise in violation of the public utility act;or it shall find that any service is inadequate or that any service thatcan reasonably be demanded is not being furnished; or when aninvestigation is necessary because of an application by a public utilityand such application is not justified, the commission shall ascertainand declare and by order fix the expenses incurred by the commissionupon such investigation and shall by such order direct such publicutilities to pay to the state treasurer to reimburse the fundappropriated for the public service commission an amount to cover theexpenses so incurred: Provided, That such order shall not becomeoperative unless the matter in connection with which such investigationshall have been made shall have been finally determined, by appeal orotherwise, adversely to such public utility. The commission shall causea certified copy of all such orders to be delivered to an officer oragent of the public utility affected thereby, and all such orders shall,of their own force, take effect and become operative twenty days afterfinal determination of the investigation by appeal or otherwise:Provided, That if appeal is taken by any public utility a suretybond shall be furnished by such utility to secure the payment of suchexpenses in case the order of the commission shall be sustained.

      History:   L. 1931, ch. 240, § 1; March 19.