66-1236. Same; proceedings for recovery of security expenditures, requirements; confidential documents, not subject to disclosure.
66-1236
66-1236. Same; proceedings for recovery of securityexpenditures, requirements; confidential documents, not subject todisclosure.(a) In adopting procedures applicable in proceedings pursuant toK.S.A. 66-1233,and amendments thereto, the state corporation commission shall provide for:
(1) Confidentiality of information so that the amount of recovery requested,the amount of recovery allowed, the method ofcost recovery requested andthe method of cost recovery allowed is not disclosed;
(2) protective orders for all filings so that the citizens' utilityratepayer board may receive and review documents if the board intervenes;
(3) procedures to reflect rules of the United States nuclear regulatorycommissionor other regulatory bodies that govern the release of information anddocumentation which an applicant is required to submit tosupport theapplication or supply to the commission, commission staff or intervenors;
(4) the security cost recovery charge to be unidentifiable on customers'bills;
(5) the security cost recovery charge shall be allocated and added to allwholesale and retail rates and future contracts. Any contract existing on theeffective date of this act, which does not specifically prohibit the additionof such charges, shall have such charges added;
(6) review of security-related filings in an expeditedmanner with referenceonly to security-related items to assure that the proposed items provideenhanced security;
(7) denial of any expenditure that the commissiondetermines is not prudentor is not forsecurity measures and approval of all other expenditures; and
(8) recovery of capital expenditures over a period equal tonot more than 1/2theusable lifetime of thecapital investment.
(b) A determination by the commission of the prudence of an expenditure forsecuritymeasures shall not be based on standard regulatory principles and methods ofrecovery and shalltake fully into account the findings and intent of the legislature as stated inK.S.A. 2009 Supp.66-1235, andamendments thereto.
(c) The provisions of this act and K.S.A. 66-1233, and amendments thereto,shall apply recovery of prudent expenditures for enhanced security incurredafter September 11, 2001.
(d) Any confidential records or information relating to security measuresprovided or received under the provisions of this act and K.S.A. 66-1233, andamendments thereto, shall not be subject to subpoena, discovery or other demandin any administrative, criminal or civil action.
History: L. 2003, ch. 132, § 3;L. 2005, ch. 126, § 3; July 1.