66-105a. Gas gathering systems excluded from "public utility" and "common carrier"; commission authority, curtailment of service to end users on gathering system.
66-105a
66-105a. Gas gathering systems excluded from "publicutility" and "commoncarrier"; commission authority, curtailment of service to end users ongathering system.(a) The term "public utility" as usedin K.S.A. 66-104, andamendmentsthereto, and the term "common carriers" asused in K.S.A. 66-105, and amendments thereto, shall not include any gasgatheringsystem, as defined in K.S.A. 55-150,and amendments thereto, which provides gas gathering services, as defined inK.S.A. 55-1,101, and amendments thereto.
(b) Notwithstanding the provisions of subsection (a), andK.S.A. 2009 Supp.55-1,111, andamendments thereto, for those personsproviding gasgathering services in such a manner that allows end use customers to obtainnatural gas by direct connection to agathering system, the commission shall have authority, upon complaint orpetition or upon itsown motion, to determine the reasonableness of, and regulate and supervise, anyhealth or safety related curtailment orproposed health or safety related curtailment of natural gas that results inthe loss of service to theend use customer.
(c) Any person providing gas gathering services in such a manner that allowsthe offeringof natural gas from a gas gathering system to an end use customer shall givenotice thereof to thecommission and to each affected end use customer and public utility of itsintent to curtailservice that will result in the loss of natural gas service to the end usecustomer. Except in thecase of an emergency, notice shall be providedat least 30 days prior to suchcurtailment.In the case of an emergency, service to residential dwellings or commercialoffices may be curtailed immediately upon a good faith belief that an emergencyexists. Notice shall be given immediately to the end user and public utility.The person curtailing service, within 24 hours of the determination of theemergency, shall report the curtailment to the state corporation commission andprovide the basis forand evidence supporting the good faith belief that curtailment wasnecessary under the emergency provisions of this subsection. In the event thatthecurtailmentwas not based upon a good faith beliefand was unnecessary, as subsequently determined by the state corporationcommission, the personcurtailing service shall be held responsible forthe cost of the service curtailment, including any reconnection cost andtemporary heating costs.
(d) Nothing contained in subsections (b) and (c) shall be construed todiminish anyauthority vested in the commission prior to the effective date of this act.
History: L. 1997, ch. 132, § 21;L. 2005, ch. 169, § 15;L. 2007, ch. 109, § 2; July 1.