17-4654.   Powers.(a) In addition to the powers conferred on all corporationsunder article 61 of chapter 17 of the Kansas Statutes Annotated, a cooperativeorganized under the renewable energy electric generation cooperative actshall have power to:

      (1)   Sue and be sued in its corporate name;

      (2)   have perpetual existence;

      (3)   adopt a corporate seal and alter the same;

      (4)   generate, either as the cooperative or as individual members of thecooperative, electricity from renewable resources or technologies and transmitand sell such electricity at wholesale;

      (5)   sell renewable attributes of the cooperative or of members of thecooperative;

      (6)   construct, purchase, lease, equip, maintain and operate, and to sell,assign, convey, lease, mortgage, pledge or encumber electric transmission linesor systems, electric generating plants, and lands, buildings, structures,easements and rights-of-way and equipment, and any other real or personalproperty, tangible or intangible, necessary to accomplish the purpose for whichthe cooperative may be organized hereunder;

      (7)   purchase, lease as lessee or otherwise acquire, and use, and exercise andto sell, assign, convey, mortgage, pledge or otherwise dispose of or encumber,franchises, rights, privileges, licenses and easements;

      (8)   borrow money and otherwise contract indebtedness, and to issue notes,bonds and other evidences of indebtedness, and to secure the payment thereof bymortgage, pledge, or deed of trust of, or any other encumbrance upon, any orall of its then-owned or after-acquired real or personal property, assets,franchises, revenues or income;

      (9)   construct, maintain and operate electric transmission lines along, upon,under and across publicly owned lands and public thoroughfares, roads,highways, streets, alleys, bridges and causeways in conformity with the laws ofthe state of Kansas;

      (10)   become an incorporator, promoter, manager, member, stockholder or ownerof other corporations or cooperatives, and conduct its business and exerciseits powers within this state and to participate with other persons in anycorporation, limited liability company, cooperative, partnership, limitedpartnership, joint venture or other association of any kind, or in anytransaction, undertaking or arrangement which the participating person wouldhave power to conduct by itself, whether or not such participation involvessharing or delegation of control with or to others;

      (11)   adopt, amend and repeal bylaws; and

      (12)   do and perform any other acts and things, and to have and exercise anyother powers which may be necessary, to accomplish the purpose for which thecooperative is organized.

      (b)   No cooperative organized under the renewable energy electric generationcooperative act nor any member of such cooperative shall:

      (1)   Enter into any contract for parallel generation services pursuant toK.S.A. 66-1,184, and amendments thereto, with regard to power generated by suchcooperative or member from renewable resources;

      (2)   sell electricity at retail or have a certificated territory in thisstate;

      (3)   transfer or distribute electricity to any other member of thecooperative; or

      (4)   resell electricity provided to the cooperative or member by thecooperative's or member's provider of last resort.

      History:   L. 2003, ch. 81, § 4; July 1.