66-2103. Existing gas service utility to develop plans to provide gas; failure to provide or nonacceptance of plan. - Kansas Statutes

66-2103

Chapter 66.--PUBLIC UTILITIES Article 21.--RURAL KANSAS SELF-HELP GAS ACT

      66-2103.   Existing gas service utility to developplans to provide gas; failure to provide or nonacceptance of plan.(a) When notified pursuant to K.S.A. 66-2102, and amendmentsthereto, an existing gas service utility shall have 30 days to develop plansand propose an offer to the potential rural gas user for providing rural gasservice. The proposed plan shall include plans for installing facilities, priceof natural gas and projected completion date.

      (b)   Failure of the existing gas service utility to propose an offer orcomplete the project by the projected completion date pursuant to subsection(a), unless otherwise agreed to by the rural gas user and the existing gasservice utility, shall cause the existing gas service utility to waive suchutility's exclusive right to serve the rural user.

      (c)   If the potential rural gas user does not accept the offer presented bythe existing gas service utility, the existing gas service utility shallreleasethe rural gas user from the certificated area or may request from the statecorporation commission a determination to approve the utility's plan or allowthe rural gas user to use a different public utility or gas provider to providerural gas service.

      (d)   Upon request for determination described in subsection (c) and uponreceipt of the proposed plans from the existing gas service utility and fromthe rural gas user or their provider, the state corporation commissionshall have 30 days to complete such determination.

      History:   L. 2002, ch. 77, § 3; Apr. 25.