Brief (1)
HB 2397, as amended, would authorize any municipality to intervene on behalf of persons located within its boundaries in public utility rate proceedings before the Kansas Corporation Commission. Under existing law, cities may intervene before the Commission in their capacity as consumers of public utility services but not on behalf of their residents (residential and small business customers). The Citizens' Utility Ratepayer Board currently has statutorily-authorized intervener status to represent residential and small business customers.
"Municipality," for the purposes of the bill, would be defined as any county, township, city, school district, or other political or taxing subdivision of the state.
The bill would be effective on publication in the Kansas Register.
Background
As passed by the House, the bill related only to interventions by cities on behalf of their residents. The Senate Committee amended the bill to expand the types of municipalities able to intervene and to more properly describe the persons on whose behalf they might intervene. The Committee also changed the effective date from publication in the statute book to publication in the Kansas Register.
HB 2397 was supported by representatives of: the League of Kansas Municipalities; the City of Garden City; and the Mayor of Topeka. The Mayor cited the example of the Western/KCPL merger docket before the Commission in which the interests of residential and commercial ratepayers from Topeka and Wichita conflicted, thus making it difficult for the Citizens' Utility Ratepayer Board to choose sides. Spokespersons for the Kansas Corporation Commission and the Citizens' Utility Ratepayer Board raised several issues.
The Division of the Budget reported there would be no fiscal effect from the passage of this bill.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi