As Amended by House Committee
Session of 2000
Substitute for SENATE BILL No. 243
By Senator Corbin
2-24
10 AN ACT
concerning electric generation facility siting; amending K.S.A.
11 66-1,159, 66-1,160,
66-1,161, 66-1,162, 66-1,169a and 66-1,169c and
12 K.S.A.
1998 1999 Supp. 66-1,158 and 66-1,169b and
repealing the
13 existing sections.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 Section
1. K.S.A. 1998 1999 Supp. 66-1,158 is
hereby amended to
17 read as follows: 66-1,158. As used in this
act, the following words and
18 phrases shall have the meanings
ascribed to them herein:
19 (a) "Commission"
means the state corporation
commission;.
20
(b) "Electric generation facility" means any physical
plant used for
21 the production or generation of
electricity or electric power except that
22 the remodeling, reconditioning or
retrofitting of any existing physical
23 plant shall not be deemed an
addition to an electric generation facility.
24 Such term shall not include a
facility or addition to a facility proposed to
25 be located outside this state if:
(1) The need for the facility or addition
26 and the reasonableness of its
proposed siting is subject to review by the
27 utility regulatory authority of
that state; (2) less than 10% of the retail
28 customers on the electric system
intended to be served by such facility
29 or addition are located in this
state; and (3) such retail customers located
30 in this state number no more than
15,000;
31 (c)
(b) "Electric utility" means every public utility, as
defined by
32 K.S.A. 66-104, and amendments thereto,
which owns, controls, operates
33 or manages any equipment, plant or
generating machinery for the pro-
34 duction, transmission, delivery or
furnishing, of electricity or electric
35 power;.
36 (d)
(c) "Landowner" means any person having an estate or
interest
37 in any land, which land is proposed to be
acquired by an electric utility
38 in connection with the construction,
operation and maintenance of an
39 electric a nuclear
generation facility or an addition to an
electric a nuclear
40 generation
facility;.
41 (d)
(1) "Nuclear generation facility or addition to a nuclear
genera-
42 tion facility" means: (A) Any physical
plant utilizing nuclear energy as
43 the primary fuel for the production or
generation of electricity or electric
2
1 power; or (B) any addition of
nuclear generation capacity to an existing
2 generation facility.
3
(2) "Nuclear generation facility or addition to a nuclear
generation
4 facility" does not include: (A)
Remodeling, reconditioning or retrofitting
5 of an existing nuclear plant; (B)
construction of nonnuclear generation
6 capacity at the site of an
existing nuclear plant; or (C) any facility or
7 addition to a facility proposed to
be located outside this state if: (i) The
8 need for the facility or addition
and the reasonableness of its proposed
9 siting is subject to review by the
utility regulatory authority of that state;
10 (ii) less than 10% of the retail
customers on the electric system intended
11 to be served by such facility or
addition are located in this state; and (iii)
12 such retail customers located in this
state number no more than 15,000.
13 (e) "Party" means
any landowner, electric utility, governmental board
14 or agency, or any other person allowed to
intervene in any proceeding
15 under this
act;.
16 (f) "Person"
means any individual, partnership, corporation or other
17 association of persons.
18 Sec.
2. K.S.A. 66-1,159 is hereby amended to read as follows:
66-
19 1,159. No electric utility may begin site
preparation for or construction
20 of an electric a
nuclear generation facility or an addition to
an electric a
21 nuclear generation facility or
exercise the right of eminent domain to
22 acquire any land in connection with site
preparation for or construction
23 of any such facility or addition thereto,
without first acquiring a permit
24 from the commission. Whenever any such
electric utility desires to obtain
25 such a permit, it the
utility shall file an application with the commission,
26 setting forth therein that
it the utility proposes to construct
an electric a
27 nuclear generation facility or
an addition to an electric a
nuclear gener-
28 ation facility and specifying the
description and the total number of acres
29 of land that such utility contemplates is
needed in connection with the
30 construction, operation and maintenance of
such facility or addition
31 thereto. Also, the electric utility shall
file with the application documents
32 and plans which indicate the total planned
utilization of a proposed lo-
33 cation for electric generation purposes and
documents and plans for util-
34 ization of an alternative location or
locations. Such documents and plans
35 with respect to alternative locations shall
not be required for additions to
36 existing electric
nuclear generation facilities. In addition, the electric
util-
37 ity shall file with the application such
documents pertaining to the con-
38 struction, operation and maintenance of the
proposed electric generation
39 facility or addition to the
electric generation facility and such other mat-
40 ters deemed relevant thereto as may be
required by rules and regulations
41 of the commission. Thereupon, the
commission shall fix a time for a public
42 hearing on such application, which shall be
not less than 30 nor more
43 than 180 days from the date the application
was filed and shall be con-
3
1 ducted in accordance with the
provisions of the Kansas administrative
2 procedure act, to determine the
necessity for the proposed electric gen-
3 eration facility or
addition to an electric generation facility and
the most
4 reasonable location and size of the
proposed electric generation facility
5 or addition to an electric
generation facility. The commission shall fix the
6 place for hearing, which may be in
the county in which is located the
7 major portion of the land which has
been or is proposed to be acquired
8 in connection with the construction,
operation and maintenance of the
9 proposed electric generation
facility or the addition to the electric gen-
10 eration facility or
addition. Such hearing may be held in Topeka.
11 Sec.
3. K.S.A. 66-1,160 is hereby amended to read as follows:
66-
12 1,160. The commission shall publish notice
of the time, place and subject
13 matter of such hearing in newspapers having
general circulation in the
14 counties in which is located any portion of
the land which has been or is
15 proposed to be acquired in connection with
the construction, operation
16 and maintenance of the proposed
electric nuclear generation facility or
17 addition to an electric
a nuclear generation facility once each week for
18 three consecutive weeks, the last
publication to be not less than five days
19 before such hearing date. Written notice of
such hearing and a copy of
20 the application also shall be served not
less than twenty (20) 20 days prior
21 to the hearing date upon all landowners, as
shown by the files, records
22 and indexes of the register of deeds of the
county in which such land is
23 located, and the chief administrative
officer, or any person designated by
24 such officer to receive such service, of
the department of economic de-
25 velopment, state board
commerce, department of agriculture, state
water
26 resources board Kansas
water office, department of health and environ-
27 ment, department of transportation, state
geological survey, Kansas en-
28 ergy office and the
and division of the budget of the department of ad-
29 ministration. In addition to the
information contained in the published
30 notice, such written notice shall state
that the electric utility has filed the
31 application and supporting documents as
required by K.S.A. 66-1,159 and
32 amendments thereto, and that such
application and supporting documents
33 are available in the office of the
commission for examination and copying
34 by the person or board or agency desiring
copies thereof.
35 Sec.
4. K.S.A. 66-1,161 is hereby amended to read as follows:
66-
36 1,161. The commission shall appoint an
attorney to represent the interests
37 of the landowners at the hearing and shall
allow a reasonable attorney's
38 fee, which shall be taxed as part of the
costs thereof. Landowners, at their
39 own expense, may retain counsel to
represent their individual interests at
40 such hearing. The chief administrative
officer, or any other person or
41 persons designated by such officer, of any
governmental board or agency
42 affected by the siting of the proposed
electric nuclear generation facility
43 or addition to an electric
a nuclear generation facility shall be deemed to
4
1 meet the requirement for intervention
contained in subsection (a)(2) of
2 K.S.A. 77-521 and amendments thereto.
Any owner or lessee of land
3 whose estate or interest in such land
would not be acquired by the electric
4 utility but would be affected in some
other manner by the construction,
5 operation or maintenance of the
electric generation facility or addition
to
6 an electric generation
facility may petition for intervention in accordance
7 with the provisions of K.S.A. 77-521
and amendments thereto.
8 Sec.
5. K.S.A. 66-1,162 is hereby amended to read as follows:
66-
9 1,162. Except as otherwise provided
in this act, the rules and regulations
10 adopted by the commission pursuant to
K.S.A. 66-106 and amendments
11 thereto to govern the commission's
proceedings shall be applicable to any
12 proceeding before the commission under this
act. The electric utility shall
13 proceed with the introduction of evidence
of the necessity for the pro-
14 posed electric
nuclear generation facility or addition to an
electric a nu-
15 clear generation facility and of the
reasonableness of the proposed loca-
16 tion and size of the electric
generation facility or addition to an
electric
17 generation facility. The
burden of proof on any such matter shall be upon
18 the electric utility and shall be
established by a preponderance of the
19 evidence. All parties present or
represented by counsel at the hearing
20 shall have an opportunity to be heard and
the right to cross-examine any
21 witness appearing before the commission at
the hearing. The commission
22 shall cause a transcript to be made of the
hearing. All costs of any hearing
23 shall be taxed against the electric
utility. The hearing and all parties' ar-
24 guments shall be completed within 90 days
after the commencement
25 thereof. At any time after the commencement
of the hearing, the electric
26 utility may withdraw its application for
the permit required by K.S.A. 66-
27 1,159 and amendments thereto.
28 The commission shall
make findings of fact and file such findings with
29 its decision to grant, grant conditioned by
such findings or withhold the
30 permit applied for, except that whenever
approval of applications are
31 pending with or must be obtained from any
state regulatory authority
32 which relate to the operation of any such
facility or addition to a facility,
33 the commission shall postpone its decision
until proof of the approval or
34 disapproval of any such application is
received. In any case where a state
35 regulatory authority cannot render final
approval of any such application
36 until the facility or addition to a
facility is in actual operation, the com-
37 mission shall accept as proof of approval
or disapproval the state regula-
38 tory authority's certification of probable
acceptability or unacceptability
39 of an application. Prior to making its
determination with respect to the
40 most reasonable location and size of a
proposed electric nuclear genera-
41 tion facility or addition to an
electric a nuclear generation facility, the
42 commission shall make its determination of
whether or not a necessity
43 exists for the electric generation capacity
of a proposed electric generation
5
1 facility or addition to an
electric generation a facility. In addition to
any
2 other consideration deemed necessary
in making such determination, the
3 commission shall consider and make
determinations on the following fac-
4 tors: (1) Whether or not the electric
generating capacity of the proposed
5 facility or addition to a facility
meets or contributes to the meeting of the
6 electrical energy needs of the people
of this state considering the probable
7 future statewide electrical energy
needs thereof; and (2) whether or not
8 available electrical generating
capacity exists within the state that is ca-
9 pable of being distributed
economically, reliably, technically and environ-
10 mentally. Whenever the commission
determines that a necessity exists for
11 electric generation capacity to be provided
by a proposed electric nuclear
12 generation facility or addition to
an electric a nuclear generation
facility,
13 it the commission
shall make its determinations with respect to the most
14 reasonable size and location of any such
facility or addition to a facility.
15 In addition to any other consideration
deemed necessary in making a
16 determination with respect to the size of a
proposed facility or addition
17 to a facility, the commission shall
consider the electric utility's total
18 planned utilization of a proposed location
for electric generation purposes
19 as it relates to the necessity found by the
commission for additional elec-
20 tric generating capacity in the state. In
addition to any other consideration
21 deemed necessary in making a determination
with respect to the most
22 reasonable location of a proposed facility
or addition to a facility, the
23 commission shall consider the availability
of natural resources necessary
24 in the operation of a proposed facility or
addition to a facility as the same
25 relates to each alternative location
submitted by the electric utility as
26 required by the provisions of K.S.A.
66-1,159 and amendments thereto.
27 The location of the existing nuclear
generation facility shall be the most
28 reasonable location for any addition to
such facility. Upon a determination
29 that a necessity exists for the proposed
electric nuclear generation facility
30 or the addition to
an electric a nuclear generation facility
and that the
31 proposed location and size of such facility
or addition thereto are the most
32 reasonable, the commission shall issue to
the electric utility a permit to
33 construct such facility or addition
thereto, except that the commission
34 may condition such permit with respect to
the location and size of the
35 proposed electric
nuclear generation facility or addition to an
electric a
36 nuclear generation facility to
provide for an alternate location or size, or
37 both, thereof, but in no case shall the
commission provide for a size larger
38 than that applied for. Upon the issuance of
such permit, no local ordi-
39 nance, resolution or regulation shall
prohibit the construction of the elec-
40 tric nuclear
generation facility or addition to an electric
a nuclear gen-
41 eration facility, and the electric utility
may proceed with such facility or
42 addition thereto notwithstanding any
requirement to obtain any building
43 permit under any local zoning ordinance,
resolution or regulation.
6
1 Sec.
6. K.S.A. 66-1,169a is hereby amended to read as follows:
66-
2 1,169a. In order to more effectively
administer the provisions of the Kan-
3 sas electric
nuclear generation facility siting act with respect to
determin-
4 ing whether or not a necessity exists
for a proposed electric nuclear
5 generation facility or addition to
an electric a nuclear generation
facility,
6 the commission shall compile and
maintain a comprehensive statewide
7 electric generation capacity
forecast. In compiling and maintaining said
8 forecast, the commission may hold
such hearings deemed necessary. The
9 proceedings of any such hearing shall
be governed by the rules and reg-
10 ulations adopted by the commission pursuant
to K.S.A. 66-106 and
11 amendments thereto. For the purposes
of this section, every municipally
12 owned or operated electric utility and
every electric utility operating
13 wholly and solely within the legal
boundaries of any municipality and
14 within three (3) miles
thereof shall furnish to the commission such infor-
15 mation as to electric generation capacity
as the commission may require.
16 Sec.
7. K.S.A. 1998 1999 Supp. 66-1,169b is
hereby amended to
17 read as follows: 66-1,169b. (a) The
provisions of the Kansas electric gen-
18 eration facility siting act shall
not apply to: (1) Unit number 3 of the Jeffrey
19 Energy Center; or (2) electric
generation facilities that have a capacity of
20 100 megawatts or less and convert
wind, solar, biomass, landfill gas or
21 any other renewable source of
energy.
22
(b) With regard to a facility proposed to be located
outside this state,
23 K.S.A. 66-1,160 and 66-1,161, and
amendments thereto, shall not apply
24 and, for purposes of determining the most
reasonable location of a pro-
25 posed facility or addition to a facility
pursuant to K.S.A. 66-1,162, and
26 amendments thereto, the commission shall
consider only the effects on
27 system reliability and economic
efficiency.
28 Sec.
8. K.S.A. 66-1,169c is hereby amended to read as follows:
66-
29 1,169c. This act and the act of which it is
amendatory shall be known and
30 cited as the "Kansas
electric nuclear generation facility siting
act."
31 New Sec.
9. Any electric generation facility, or addition thereto,
for
32 which a permit application was pending
under the electric generation
33 facility siting act as it existed
immediately before the effective date of this
34 act shall be required to have such permit
only if the facility is required
35 to have a permit pursuant to this
act.
36 Sec. 10. K.S.A. 66-1,159,
66-1,160, 66-1,161, 66-1,162, 66-1,169a
37 and 66-1,169c and K.S.A.
1998 1999 Supp. 66-1,158 and 66-1,169b
are
38 hereby repealed.
39 Sec. 11. This act shall
take effect and be in force from and after its
40 publication in the Kansas register.