66-1261. Same; rules and regulations; violations; penalties; exceptions.
66-1261
66-1261. Same; rules and regulations; violations;penalties; exceptions.(a) Thecommission shall establish rules and regulationsfor the administration of therenewable energy standards act, including reporting and enforcement mechanismsnecessary toensure that each affected utility complies with this standard and otherprovisions governing theimposition of administrative penalties assessed after a hearing held by thecommission.Administrative penalties should be set at a level that will promote compliancewith the renewableenergy standards act, and shall not be limited to penalties set forth in K.S.A66-138 and 66-177, andamendments thereto.
(b) For the calendar years 2011 and 2012, the commission is not required toassess penaltiesif the affected utility can demonstrate it made a good faith effort to complywith the portfoliostandards requirement. The commission shall exempt an affected utilityfrom administrativepenalties for an individual compliance year if the utility demonstrates thatthe retail rate impactdescribed in K.S.A. 2009 Supp. 66-1260, and amendments thereto, has beenreached or exceededand the utility has notachieved full compliance with K.S.A. 2009 Supp. 66-1258, and amendmentsthereto. In imposingpenalties, thecommission shall have discretion to consider mitigating circumstances.Under no circumstancesshall the costs of administrative penalties be recovered from Kansas retailcustomers.
(c) The commission shall establish rules and regulations required in thissection within 12months of the effective date of this act.
History: L. 2009, ch. 141, § 6; May 28.