Printable Format66-101f. Same; commission orders and decisions. (a) If after investigation and hearing the rates or rules and regulations of any electric public utility governed by this act are found unjust, unreasonable, unfair, unjustly discriminatory or unduly preferential, or in any way in violation of the provisions of this act, or of any of the laws of the state of Kansas, the commission shall have the power to establish, and order substituted therefor, such rates or rules and regulations as the commission determines to be just, reasonable and necessary. If it is found that any rule and regulation, practice or act, relating to any service performed or to be performed by such electric public utility for the public is in any respect unreasonable, unjust, unfair, unreasonably inefficient or insufficient, unjustly discriminatory or unduly preferential, or otherwise in violation of this act or of any of the laws of the state of Kansas, the commission may substitute therefor such other rules and regulations, practice, service or act as the commission determines to be just, reasonable and necessary. For the purposes of determining just and reasonable rates, the commission may adopt a policy of disallowing a percentage, not to exceed 50%, of utility dues, donations and contributions to charitable, civic and social organizations and entities, in addition to disallowing specific dues, donations and contributions which are found unreasonable or inappropriate.
(b) All orders and decisions of the commission whereby any rates, rules and regulations, practice or acts relating to any service performed or to be performed by any electric public utility for the public are altered, changed, modified or established shall be reduced to writing, and a copy thereof, duly certified, shall be served on the electric public utility affected thereby. Such order and decision shall become operative and effective within 30 days after such service. Such electric public utility, unless an action is commenced in a court of proper jurisdiction to set aside the findings, orders and decisions of the commission, or to review and correct the same, shall carry the provisions of such order into effect.
History: L. 1911, ch. 238, § 16; R.S. 1923, 66-113; L. 1965, ch. 506, § 34; L. 1985, ch. 225, § 37; L. 1988, ch. 356, § 222; L. 1992, ch. 148, § 1; L. 1995, ch. 10, § 5; July 1.
Attorney General's Opinions:
Electric public utilities; legislative intervention into private utility contracts; authority of corporation commission. 97-47.
CASE ANNOTATIONS
1. Section provides for review and correction of orders and decisions. City of Emporia v. Telephone Co., 90 Kan. 118, 126, 133 P. 858.
2. Railroad entitled to fair profit on each commodity transported; "reasonable" rates considered; when rate "unreasonable, unjust, oppressive and unlawful" as against carrier. Railroad Co. v. Utilities Commission, 95 Kan. 604, 612, 148 P. 667.
3. Section provides procedure for changing rules, regulations, etc., judicial review. The State, ex rel., v. Postal Telegraph Co., 96 Kan. 298, 302, 305, 150 P. 544.
4. Action for review must be brought within thirty days. Telephone Co. v. Utilities Commission, 97 Kan. 136, 139, 154 P. 262.
5. Gratuitous service by telephone company, discriminatory practice. The State, ex rel., v. Telephone Co., 102 Kan. 318, 323, 324, 170 P. 26.
6. Section cited in determining reasonable telephone rate. State, ex rel., v. Telephone Co., 115 Kan. 236, 277, 223 P. 771.
7. Jurisdictional requirement to change of rate considered. Consolidated Flour Mills Co. v. Kansas Gas and Electric Co., 119 Kan. 47, 49, 237 P. 1037.
8. Authority not given commission to find rates previously charged excessive. Great Western Portland Cement Co. v. Public Service Comm., 121 Kan. 531, 532, 247 P. 881.
9. Cited in construing reparations statute. State, ex rel., v. Public Service Comm., 135 Kan. 491, 494, 504, 11 P.2d 999.
10. Voluntary rates established by railroad proper basis for fixing reasonable rates. Thompson v. State Corporation Commission, 173 Kan. 357, 362, 246 P.2d 257.
11. Commission's order authorizing railroad to dualize station agencies held lawful and reasonable. Community of Woodston v. State Corporation Comm., 186 Kan. 747, 752, 353 P.2d 206.
12. Invalid preliminary orders of commission cannot be enjoined. State Corporation Comm. v. Wichita Gas Co., 290 U.S. 561, 54 S. Ct. 321, 322, 324, 78 L.Ed. 500.
13. Statutory standard controlling commission prescribes rates be just and reasonable and property valued in accordance with K.S.A. 66-128. Southwestern Bell Tel. Co. v. State Corporation Commission, 192 Kan. 39, 46, 386 P.2d 515.
14. Word "within" limits, rather than extends effective date of order. Secretary of the Army v. State Corporation Commission, 206 Kan. 139, 141, 476 P.2d 629.
15. Customers of utility companies had remedy in state courts and could not bring action in federal court; action challenging legality of late assessment charges. Tennyson v. Gas Service Co., 506 F.2d 1135, 1141.
16. Referred to in determining that court did not have authority to substitute its judgment for commission which denied rate increase in part. Central Kansas Power Co. v. State Corporation Commission, 221 Kan. 505, 514, 561 P.2d 779.
17. Procedure before corporation commission; judicial review. Southwestern Bell Tel. Co. v. Kansas Corporation Commission, 6 Kan App. 2d 444, 449, 629 P.2d 1174 (1981).
18. Where tariff applies to all equipment owners, no longer applicable to lessor who sells. In re Application of Southwestern Bell Tel. Co., 9 Kan App. 2d 525, 538, 685 P.2d 304 (1984).