66-128. Valuation of property for rate-making purposes by commission; construction work in progress.
66-128
66-128. Valuation of property for rate-makingpurposes by commission;construction work in progress.(a) The state corporation commission shall determine the reasonable valueof allor whatever fraction or percentage of the property of any common carrier orpublic utility governed by the provisions of this actwhich property is used and requiredto be used in its services to the publicwithin the state of Kansas,whenever the commission deems the ascertainment of such valuenecessary in order toenable the commission to fix fair and reasonable rates, joint rates,tolls and charges. In making such valuations thecommission may avail itself of any reports, records or other things availableto the commission inthe office of any national, state or municipal officer or board.
(b) (1) For the purposes of this act, except as provided by subsection(b)(2), property of any public utility which has notbeen completed and dedicated to commercial service shall not be deemedto be used and required to be used in the publicutility's service to the public.
(2) Any public utility property described in subsection (b)(1)shall bedeemed to be completed and dedicated tocommercial service if: (A) Construction of the property willbe commenced andcompleted in oneyear or less; (B) the property is an electric generationfacility that converts wind, solar, biomass,landfillgas or any other renewable source of energy; (C)the property is an electric generationfacility or addition to an electric generation facility; or (D) the property isan electric transmission line,including alltowers, poles andothernecessary appurtenances to such lines, which will beconnected to an electric generation facility.
(3) Nothing in this subsection (b) shallbe construed to preclude the state corporation commission, either on thecommission's initiation of a docket or in a utility rate proceeding, fromreviewing whether expenditures for public utility property were efficient andprudent.
(c) As used in this section, "electric transmission line" means any lineor extension of a line with an operating voltage of 34.5 kilovolts or morewhich is at least five miles in length and which is usedor to be used for the bulk transfer ofelectricity.
History: L. 1911, ch. 238, § 28;R.S. 1923, 66-128;L. 1978, ch. 266, § 1;L. 1984, ch. 247, § 1;L. 1995, ch. 264, § 1;L. 2001, ch. 207, § 1;L. 2004, ch. 120, § 6;L. 2007, ch. 117, § 1;L. 2008, ch. 174, § 3; July 1.