Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-104.Utilities subject tosupervision; exceptions.(a) The term "public utility," as used in this act, shall be construedto mean every corporation, company, individual, association of persons, theirtrustees, lessees or receivers, that now or hereafter may own, control, operateor manage, except for private use, any equipment, plant or generatingmachinery, or any part thereof, for the transmission of telephone messages orfor the transmission of telegraph messages in or through any part of the state,or the conveyance of oil and gas through pipelines in or through any part ofthe state, except pipelines less than 15 miles in length and not operated inconnection with or for the general commercial supply of gas or oil, and allcompanies for the production, transmission, delivery or furnishing of heat,light, water or power. No cooperative, cooperative society, nonprofit or mutualcorporation or association which is engaged solely in furnishing telephoneservice to subscribers from one telephone line without owning or operating itsown separate central office facilities, shall be subject to the jurisdictionand control of the commission as provided herein, except that it shall notconstruct or extend its facilities across or beyond the territorial boundariesof any telephone company or cooperative without first obtaining approval of thecommission. As used herein, the term "transmission of telephone messages" shallinclude the transmission by wire or other means of any voice, data, signals orfacsimile communications, including all such communications now in existence oras may be developed in the future.
(b) The term "public utility" shall also include that portion of everymunicipally owned oroperated electric or gas utility located in an area outside of and morethan three milesfrom the corporate limitsof such municipality, but regulation of the rates, charges and terms andconditions of service of such utility within such area shall be subject tocommission regulation only as provided inK.S.A. 2009 Supp.66-104f, andamendments thereto. Nothing in this act shall apply to a municipallyowned or operated utility,or portion thereof, located within the corporate limits of such municipality orlocated outside of suchcorporate limits but within three miles thereof except as provided in K.S.A.66-131a, andamendments thereto.
(c) Except as herein provided, the power and authority to control andregulate all publicutilities and common carriers situated and operated wholly or principallywithin any city orprincipally operated for the benefit of such city or its people, shall bevested exclusively in such city,subject only to the right to apply for relief to the corporation commission asprovided in K.S.A.66-133, and amendments thereto, and to the provisions ofK.S.A.66-104e, and amendments thereto. A transit system principally engaged inrendering localtransportation service in and between contiguous cities in this and anotherstate by means of street railway, trolley bus and motor bus lines, or anycombination thereof, shall be deemed to be apublicutility as that term is used in this act and, as such, shall be subject to thejurisdiction of thecommission.
(d) The term "public utility" shall not include any activity of anotherwise jurisdictionalcorporation, company, individual, association of persons, their trustees,lessees or receivers as to themarketing or sale of compressed natural gas for end use as motor vehicle fuel.
(e) At the option of an otherwise jurisdictional entity, the term "publicutility" shall notinclude any activity or facility of such entity as to the generation, marketingand sale ofelectricity generatedby an electric generation facility or addition to an electric generationfacilitywhich:
(1) Is newly constructed and placed in service on or after January 1, 2001;and
(2) is not in the rate base of: (A) An electricpublic utility that issubject to rate regulation by the state corporation commission; (B) anycooperative, as defined byK.S.A. 17-4603 and amendments thereto, or any nonstock member-owned cooperativecorporationincorporated in this state; or (C) a municipally owned or operated electricutility.
(f) Additional generating capacity achieved through efficiency gains byrefurbishing or replacing existing equipment at generating facilities placed inservice before January 1, 2001, shall not qualify under subsection (e).
(g) For purposes of the authority to appropriate property througheminent domain, the term "public utility" shall not include any activity forthesiting or placement of wind powered electrical generators or turbines,including the towers.
Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-104.Utilities subject tosupervision; exceptions.(a) The term "public utility," as used in this act, shall be construedto mean every corporation, company, individual, association of persons, theirtrustees, lessees or receivers, that now or hereafter may own, control, operateor manage, except for private use, any equipment, plant or generatingmachinery, or any part thereof, for the transmission of telephone messages orfor the transmission of telegraph messages in or through any part of the state,or the conveyance of oil and gas through pipelines in or through any part ofthe state, except pipelines less than 15 miles in length and not operated inconnection with or for the general commercial supply of gas or oil, and allcompanies for the production, transmission, delivery or furnishing of heat,light, water or power. No cooperative, cooperative society, nonprofit or mutualcorporation or association which is engaged solely in furnishing telephoneservice to subscribers from one telephone line without owning or operating itsown separate central office facilities, shall be subject to the jurisdictionand control of the commission as provided herein, except that it shall notconstruct or extend its facilities across or beyond the territorial boundariesof any telephone company or cooperative without first obtaining approval of thecommission. As used herein, the term "transmission of telephone messages" shallinclude the transmission by wire or other means of any voice, data, signals orfacsimile communications, including all such communications now in existence oras may be developed in the future.
(b) The term "public utility" shall also include that portion of everymunicipally owned oroperated electric or gas utility located in an area outside of and morethan three milesfrom the corporate limitsof such municipality, but regulation of the rates, charges and terms andconditions of service of such utility within such area shall be subject tocommission regulation only as provided inK.S.A. 2009 Supp.66-104f, andamendments thereto. Nothing in this act shall apply to a municipallyowned or operated utility,or portion thereof, located within the corporate limits of such municipality orlocated outside of suchcorporate limits but within three miles thereof except as provided in K.S.A.66-131a, andamendments thereto.
(c) Except as herein provided, the power and authority to control andregulate all publicutilities and common carriers situated and operated wholly or principallywithin any city orprincipally operated for the benefit of such city or its people, shall bevested exclusively in such city,subject only to the right to apply for relief to the corporation commission asprovided in K.S.A.66-133, and amendments thereto, and to the provisions ofK.S.A.66-104e, and amendments thereto. A transit system principally engaged inrendering localtransportation service in and between contiguous cities in this and anotherstate by means of street railway, trolley bus and motor bus lines, or anycombination thereof, shall be deemed to be apublicutility as that term is used in this act and, as such, shall be subject to thejurisdiction of thecommission.
(d) The term "public utility" shall not include any activity of anotherwise jurisdictionalcorporation, company, individual, association of persons, their trustees,lessees or receivers as to themarketing or sale of compressed natural gas for end use as motor vehicle fuel.
(e) At the option of an otherwise jurisdictional entity, the term "publicutility" shall notinclude any activity or facility of such entity as to the generation, marketingand sale ofelectricity generatedby an electric generation facility or addition to an electric generationfacilitywhich:
(1) Is newly constructed and placed in service on or after January 1, 2001;and
(2) is not in the rate base of: (A) An electricpublic utility that issubject to rate regulation by the state corporation commission; (B) anycooperative, as defined byK.S.A. 17-4603 and amendments thereto, or any nonstock member-owned cooperativecorporationincorporated in this state; or (C) a municipally owned or operated electricutility.
(f) Additional generating capacity achieved through efficiency gains byrefurbishing or replacing existing equipment at generating facilities placed inservice before January 1, 2001, shall not qualify under subsection (e).
(g) For purposes of the authority to appropriate property througheminent domain, the term "public utility" shall not include any activity forthesiting or placement of wind powered electrical generators or turbines,including the towers.
Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-104.Utilities subject tosupervision; exceptions.(a) The term "public utility," as used in this act, shall be construedto mean every corporation, company, individual, association of persons, theirtrustees, lessees or receivers, that now or hereafter may own, control, operateor manage, except for private use, any equipment, plant or generatingmachinery, or any part thereof, for the transmission of telephone messages orfor the transmission of telegraph messages in or through any part of the state,or the conveyance of oil and gas through pipelines in or through any part ofthe state, except pipelines less than 15 miles in length and not operated inconnection with or for the general commercial supply of gas or oil, and allcompanies for the production, transmission, delivery or furnishing of heat,light, water or power. No cooperative, cooperative society, nonprofit or mutualcorporation or association which is engaged solely in furnishing telephoneservice to subscribers from one telephone line without owning or operating itsown separate central office facilities, shall be subject to the jurisdictionand control of the commission as provided herein, except that it shall notconstruct or extend its facilities across or beyond the territorial boundariesof any telephone company or cooperative without first obtaining approval of thecommission. As used herein, the term "transmission of telephone messages" shallinclude the transmission by wire or other means of any voice, data, signals orfacsimile communications, including all such communications now in existence oras may be developed in the future.
(b) The term "public utility" shall also include that portion of everymunicipally owned oroperated electric or gas utility located in an area outside of and morethan three milesfrom the corporate limitsof such municipality, but regulation of the rates, charges and terms andconditions of service of such utility within such area shall be subject tocommission regulation only as provided inK.S.A. 2009 Supp.66-104f, andamendments thereto. Nothing in this act shall apply to a municipallyowned or operated utility,or portion thereof, located within the corporate limits of such municipality orlocated outside of suchcorporate limits but within three miles thereof except as provided in K.S.A.66-131a, andamendments thereto.
(c) Except as herein provided, the power and authority to control andregulate all publicutilities and common carriers situated and operated wholly or principallywithin any city orprincipally operated for the benefit of such city or its people, shall bevested exclusively in such city,subject only to the right to apply for relief to the corporation commission asprovided in K.S.A.66-133, and amendments thereto, and to the provisions ofK.S.A.66-104e, and amendments thereto. A transit system principally engaged inrendering localtransportation service in and between contiguous cities in this and anotherstate by means of street railway, trolley bus and motor bus lines, or anycombination thereof, shall be deemed to be apublicutility as that term is used in this act and, as such, shall be subject to thejurisdiction of thecommission.
(d) The term "public utility" shall not include any activity of anotherwise jurisdictionalcorporation, company, individual, association of persons, their trustees,lessees or receivers as to themarketing or sale of compressed natural gas for end use as motor vehicle fuel.
(e) At the option of an otherwise jurisdictional entity, the term "publicutility" shall notinclude any activity or facility of such entity as to the generation, marketingand sale ofelectricity generatedby an electric generation facility or addition to an electric generationfacilitywhich:
(1) Is newly constructed and placed in service on or after January 1, 2001;and
(2) is not in the rate base of: (A) An electricpublic utility that issubject to rate regulation by the state corporation commission; (B) anycooperative, as defined byK.S.A. 17-4603 and amendments thereto, or any nonstock member-owned cooperativecorporationincorporated in this state; or (C) a municipally owned or operated electricutility.
(f) Additional generating capacity achieved through efficiency gains byrefurbishing or replacing existing equipment at generating facilities placed inservice before January 1, 2001, shall not qualify under subsection (e).
(g) For purposes of the authority to appropriate property througheminent domain, the term "public utility" shall not include any activity forthesiting or placement of wind powered electrical generators or turbines,including the towers.
