As Amended by Senate Committee
          
Session of 1999
         
SENATE BILL No. 284
         
By Committee on Utilities
          
2-10
          
10             AN  ACT concerning the state corporation commission; relating to certain
11             deliberations; amending K.S.A. 66-1,193 and K.S.A. 1998 Supp. 66-
12             101f, 66-1,206 and 66-1,221 and repealing the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1998 Supp. 66-101f is hereby amended to read as
16       follows: 66-101f. (a) If after investigation and hearing the rates or rules
17       and regulations of any electric public utility governed by this act are found
18       unjust, unreasonable, unfair, unjustly discriminatory or unduly prefer-
19       ential, or in any way in violation of the provisions of this act, or of any of
20       the laws of the state of Kansas, the commission shall have the power to
21       establish, and order substituted therefor, such rates or rules and regula-
22       tions as the commission determines to be just, reasonable and necessary.
23       If it is found that any rule and regulation, practice or act, relating to any
24       service performed or to be performed by such electric public utility for
25       the public is in any respect unreasonable, unjust, unfair, unreasonably
26       inefficient or insufficient, unjustly discriminatory or unduly preferential,
27       or otherwise in violation of this act or of any of the laws of the state of
28       Kansas, the commission may substitute therefor such other rules and
29       regulations, practice, service or act as the commission determines to be
30       just, reasonable and necessary. For the purposes of determining just and
31       reasonable rates, the commission may adopt a policy of disallowing a
32       percentage, not to exceed 50%, of utility dues, donations and contribu-
33       tions to charitable, civic and social organizations and entities, in addition
34       to disallowing specific dues, donations and contributions which are found
35       unreasonable or inappropriate.
36             (b) All orders and decisions of the commission whereby any rates,
37       rules and regulations, practice or acts relating to any service performed
38       or to be performed by any electric public utility for the public are altered,
39       changed, modified or established shall be reduced to writing, and a copy
40       thereof, duly certified, shall be served on the electric public utility af-
41       fected thereby. Such order and decision shall become operative and ef-
42       fective within 30 days after such service. Such electric public utility, unless
43       an action is commenced in a court of proper jurisdiction to set aside the

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  1       findings, orders and decisions of the commission, or to review and correct
  2       the same, shall carry the provisions of such order into effect.
  3             (c) Commission deliberations with the commission's legal counsel re-
  4       garding orders and decisions of the commission may be conducted in
  5       closed meetings but no binding action may be taken in any such meeting.
  6       Commission's legal counsel shall not include any person who par-
  7       ticipates in any proceeding before the commission or who advocates
  8       for, advises or represents the commission's technical staff concern-
  9       ing any matter pending before the commission.
10             Sec.  2. K.S.A. 66-1,193 is hereby amended to read as follows: 66-
11       1,193. (a) If upon such hearing and investigation the rates, joint rates,
12       tolls, charges, rules, regulations, classifications or schedules of any tele-
13       communications public utility governed by this act are found unjust, un-
14       reasonable, unfair, unjustly discriminatory or unduly preferential, or in
15       any way in violation of this act, or of any of the laws of the state of Kansas,
16       the commission shall have the power to fix and establish, and order sub-
17       stituted therefor, such rates, joint rates, tolls, charges, rules, regulations,
18       classifications or schedules as it shall determine to be just, reasonable and
19       necessary. If it is found that any regulation, practice or act, relating to
20       any service performed or to be performed by such telecommunications
21       public utility for the public is in any respect unreasonable, unjust, unfair,
22       unreasonably inefficient or insufficient, unjustly discriminatory or unduly
23       preferential, or otherwise in violation of this act or of any of the laws of
24       the state of Kansas, the commission may substitute therefor such other
25       regulations, practice, service or act as it determines to be just, reasonable
26       and necessary. For the purposes of determining just and reasonable rates,
27       joint rates, tolls and charges, the commission may adopt a policy of dis-
28       allowing a percentage, not to exceed 50%, of utility dues, donations and
29       contributions to charitable, civic and social organizations and entities, in
30       addition to disallowing specific dues, donations and contributions which
31       are found unreasonable or inappropriate.
32             (b) All orders and decisions of the commission whereby any rates,
33       joint rates, tolls, charges, rules, regulations, classifications, schedules,
34       practice or acts relating to any service performed or to be performed by
35       any telecommunications public utility for the public are altered, changed,
36       modified, fixed or established shall be reduced to writing, and a copy
37       thereof, duly certified, shall be served on the telecommunications public
38       utility affected thereby. Such order and decision shall become operative
39       and effective within 30 days after such service. Such telecommunications
40       public utility, unless an action is commenced in a court of proper juris-
41       diction to set aside the findings, orders and decisions of the commission,
42       or to review and correct the same, shall carry the provisions of such order
43       into effect.

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  1             (c) Commission deliberations with the commission's legal counsel re-
  2       garding orders and decisions of the commission may be conducted in
  3       closed meetings but no binding action may be taken in any such meeting.
  4       Commission's legal counsel shall not include any person who par-
  5       ticipates in any proceeding before the commission or who advocates
  6       for, advises or represents the commission's technical staff concern-
  7       ing any matter pending before the commission.
  8             Sec.  3. K.S.A. 1998 Supp. 66-1,206 is hereby amended to read as
  9       follows: 66-1,206. (a) If after investigation and hearing the rates or rules
10       and regulations of any natural gas public utility governed by this act are
11       found unjust, unreasonable, unfair, unjustly discriminatory or unduly
12       preferential, or in any way in violation of the provisions of this act, or of
13       any of the laws of the state of Kansas, the commission shall have the
14       power to establish, and to order substituted therefor, such rates or rules
15       and regulations as the commission determines to be just, reasonable and
16       necessary. If it is found that any regulation, practice or act, relating to
17       any service performed or to be performed by such natural gas public
18       utility for the public is in any respect unreasonable, unjust, unfair, un-
19       reasonably inefficient or insufficient, unjustly discriminatory or unduly
20       preferential, or otherwise in violation of any of the provisions of this act
21       or of any of the laws of the state of Kansas, the commission may substitute
22       therefor such other regulations, practice, service or act as it determines
23       to be just, reasonable and necessary. For the purposes of determining
24       just and reasonable rates, the commission may adopt a policy of disallow-
25       ing a percentage, not to exceed 50%, of utility dues, donations and con-
26       tributions to charitable, civic and social organizations and entities, in ad-
27       dition to disallowing specific dues, donations and contributions which are
28       found unreasonable or inappropriate.
29             (b) All orders and decisions of the commission whereby any rates,
30       rules and regulations, practice or acts relating to any service performed
31       or to be performed by any natural gas public utility for the public are
32       altered, changed, modified or established shall be reduced to writing, and
33       a copy thereof, duly certified, shall be served on the natural gas public
34       utility affected thereby. Such order and decision shall become operative
35       and effective within 30 days after such service. Such natural gas public
36       utility, unless an action is commenced in a court of proper jurisdiction to
37       set aside the findings, orders and decisions of the commission, or to re-
38       view and correct the same, shall carry the provisions of such order into
39       effect.
40             (c) Commission deliberations with the commission's legal counsel re-
41       garding orders and decisions of the commission may be conducted in
42       closed meetings but no binding action may be taken in any such meeting.
43       Commission's legal counsel shall not include any person who par-

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  1       ticipates in any proceeding before the commission or who advocates
  2       for, advises or represents the commission's technical staff concern-
  3       ing any matter pending before the commission.
  4             Sec.  4. K.S.A. 1998 Supp. 66-1,221 is hereby amended to read as
  5       follows: 66-1,221. (a) If upon such hearing and investigation the rates,
  6       joint rates, fares, tolls, charges, rules, regulations, classifications or sched-
  7       ules of any common carrier, except a motor carrier holding a certificate
  8       of public service, governed by this act are found unjust, unreasonable,
  9       unfair, unjustly discriminatory or unduly preferential, or in any way in
10       violation of this act, or of any of the laws of the state of Kansas, the
11       commission shall have the power to fix and establish, and order substi-
12       tuted therefor, such rates, joint rates, fares, tolls, charges, rules, regula-
13       tions, classifications or schedules as it shall determine to be just, reason-
14       able and necessary. If it is found that any regulation, practice or act,
15       relating to any service performed or to be performed by such common
16       carrier for the public is in any respect unreasonable, unjust, unfair, un-
17       reasonably inefficient or insufficient, unjustly discriminatory or unduly
18       preferential, or otherwise in violation of this act or of any of the laws of
19       the state of Kansas, the commission may substitute therefor such other
20       regulations, practice, service or act as it determines to be just, reasonable
21       and necessary.
22             (b) All orders and decisions of the commission whereby any rates,
23       joint rates, fares, tolls, charges, rules, regulations, classifications, sched-
24       ules, practice or acts relating to any service performed or to be performed
25       by any common carrier, except a motor carrier holding a certificate of
26       public service for the public are altered, changed, modified, fixed or es-
27       tablished shall be reduced to writing, and a copy thereof, duly certified,
28       shall be served on the common carrier affected thereby. Such order and
29       decision shall become operative and effective within 30 days after such
30       service. Such common carrier, unless an action is commenced in a court
31       of proper jurisdiction to set aside the findings, orders and decisions of
32       the commission, or to review and correct the same, shall carry the pro-
33       visions of such order into effect.
34             (c) Commission deliberations with the commission's legal counsel re-
35       garding orders and decisions of the commission may be conducted in
36       closed meetings but no binding action may be taken in any such meeting.
37       Commission's legal counsel shall not include any person who par-
38       ticipates in any proceeding before the commission or who advocates
39       for, advises or represents the commission's technical staff concern-
40       ing any matter pending before the commission. 
41       Sec.  5. K.S.A. 66-1,193 and K.S.A. 1998 Supp. 66-101f, 66-1,206 and
42       66-1,221 are hereby repealed.

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  1        Sec.  6. This act shall take effect and be in force from and after its
  2       publication in the Kansas register.