66-1231. Public right-of-way; fees assessed public utility by city; filing of tariff for such fees.
66-1231
66-1231. Public right-of-way; fees assessed publicutility by city; filing of tariff for such fees.(a) Without prejudice to a public utility's other rights andauthorities, a public utility which is assessed by a city and collects andremits fees associated with the utility's use, occupancy or maintenance of suchutility's facilities in the public right-of-way may file a tariff with thestate corporation commission to add to such utility's end-user customer's bill,statement or invoice a surcharge equal to the pro rata share of any such fees.
(b) Costs which are incurred by a public utility in excess of those normaland reasonable costs incurred by a public utility applying good utilitypractices due to actions of a city's governing body may file a tariff with thestate corporation commission to add to the bill, statement or invoice of eachend-user customer located within such city through a surcharge equal to a prorata share of such costs.
(c) For purposes of this section and K.S.A. 66-1232, and amendments thereto,costsshall not include expenses specificallycovered by any other cost recovery mechanism in existence as of April 1, 2002,including but not limited to franchise fees and relocation expenses.
(d) The fees and costs incurred by the utility identified in subsections (a)and (b) in excess of the amount included in the utility's existing rates shallbe subject to review by the state corporation commission upon filing forrecovery of the costs in a surcharge. Upon afinding by the commission that (1)thefees included for recovery in such surcharge were required to be paid by theutility as the result of action of the governing body of a city, (2) the costswere incurred as a result of action of the governing body of such city, (3)such costs were reasonably incurred to meet the requirements imposed by thegoverning body of such city and (4)the surcharge isapplied to bills in a reasonable manner and is calculated to substantiallycollect the increase in fees and costs charged on the books and records of theutility, or reduce any existing surcharge based upon a decrease in fees andcosts incurred on the books and records of the utility, the commissionshall approve such tariffs within 30 days of the filing.If the commission determines that thesurcharge is not applied to bills in a reasonable manner, the costs or portionsthereof do not meet the above requirements or that the calculation is notadequately supported by the documentation provided in the filing, thecommission, at its option, may either disapprove such tariff within 30 days ofthe filing and require resubmission by the utility, suspend the effective dateof the tariff for an additional 60 days to receive appropriate documentationfrom the utility and/or modify such tariff in a manner that recovers in areasonable manner the costs or portions thereof which meet the aboverequirements.Any over or undercollection of the actual fees and costs charged to expense on the books of theutility shall beeither credited or collected through the surcharge in subsequent periods. Theestablishment of a surcharge under this section shall not be deemed to be arate increase for purposes of this act.
(e) Upon the filing of a tariff with the corporation commission pursuant tothis act, the utility shall deliver to the affected city a complete copy of thefiling. Such copy shall be delivered within 10 days of the filing with thecorporation commission.
History: L. 2002, ch. 148, § 2; May 23.