66-1247. Electric transmission lines, construction or upgrade; recovery of costs from all benefitting utilities, when.
66-1247
66-1247. Electric transmission lines, constructionor upgrade; recovery of costs from all benefitting utilities, when.(a) As used in this section:
(1) "Appurtenances" means all substations, towers, poles and other structuresandequipment necessary for the bulk transfer of electricity.
(2) "Commission" means the state corporation commission.
(3) "Construction or upgrade of an electric transmission facility" meansconstruction orupgrade of an electric line, and appurtenances, withan operating voltage of 115 kilovolts or more.
(b) Upon application, the commission may authorize recovery of costsassociated with theconstruction or upgrade of an electric transmission facility if the commissionfinds that:
(1) (A) A regional transmission organization has identified suchconstructionor upgrade asappropriate for reliable operation of the integrated electric transmissionsystemor for economic benefits to transmission owners and customers; and(B) a state agencyhas determined that suchconstruction or upgrade will provide measurable economic benefits to electricconsumers in all orpart of this state that will exceed anticipated project costs; and
(2) such costs are not being otherwise recovered.
(c) The commission shall review an application for recovery of costs pursuantto thissection in an expedited manner if the application includes evidence thatexpedited construction orupgrade of the electric transmission facility will result in significant,measurable economicbenefits to Kansas electric consumers. Recommendation or approval ofconstruction or upgradeof an electric transmission facility by a regional transmission organizationshallconstitute arebuttable presumption of the appropriateness of such construction or upgradefor systemreliability oreconomic dispatch of power.
(d) In determining whether to approve recovery of costs pursuant to thissection the commission may consider factors such as the speed with which Kansaselectric consumers will benefit from the transmission facility and thelong-term benefits of the transmission facility to Kansas electric consumers,orboth, and whether such factors outweigh other lesscostly options. An application for recovery of costs pursuant to this sectionshall include such information as the commission requires to weigh suchfactors,including, but not limited to, information regarding estimated line losses,reactive power and voltage implications and long-term economic and systemreliability benefits.
(e) Any recovery of costs authorized by the commission pursuant to thissection shall beassessed against all electric public utilities, electric municipal utilitiesand electric cooperative utilitiesreceiving benefits of the construction or upgrade andhaving retail customers in this state.Each such utility's assessment shall bebased on the benefits the utility receives from the construction or upgrade.In determining allocation of benefits and costs to utilities, the commissionmay take into account funding and cost recovery mechanisms developed byregional transmission organizations and shall take into account financialpayments by transmission users and approved by the federal energy regulatorycommission or regional transmission organization.Each electric public utility shall recover any such assessedcosts from the utility'sretail customers in a manner approved by the commission and each electricmunicipal orcooperative utility shall recover such assessed costs from the utility's retailcustomers in amanner approved by the utility's governing body.
(f) All moneys collected by a utilityfrom assessments authorized by the commissionpursuant to this section shall be paidquarterly by theutility to the transmission operator or owner designated by the commission.
(g) Notwithstanding any other provision of law to the contrary, electricmunicipal utilitiesand electric cooperative utilities shall be subject to the jurisdiction of thecommission for thelimited purpose of implementing the provisions of this section.
History: L. 2005, ch. 169, § 14; Apr. 21.