Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-118g.Same; stay or suspension of order or decision pending review.(a) The filing or pendency of the application for review provided for inthis act shall not in itself stay or suspend the operation of any orderor decision of the commission, except as provided in subsection (b),but, during the pendency of such proceeding the court, initsdiscretion, may stay or suspend, in whole or in part, the operation ofthe order or decision of the commission. No order staying orsuspending an order or decision of the commission shall be made by anycourt of this state without five days' notice andafter ahearing. If a stay or suspension is allowed, the ordergranting such stay or suspension shall contain a specific finding, based uponevidence submitted tothe court and identified by reference thereto, that great or irreparabledamage would otherwise result to the petitioner and specifying thenature of the damage.
(b) If the court of appeals does not issue a final order within 120 daysafter the filing with the clerk of the court of appeals ofanapplication for judicial review of an order or decisionof the commission in a public utility rate case, the court of appealsshall automatically stay the order or decision of the commission, to theextent provided in this subsection, when such stayis requested by motion of apublic utility that is a party to the action. The commission's order ordecision shall be stayed only to the extent that the commission did notgrant the amount that is being contested by the public utility onappeal. The public utility may collect, pursuant to K.S.A. 66-118h andamendments thereto, ratesup to but not exceeding the amount that is beingcontested by the public utility on appeal. The provisions of K.S.A.66-118h through 66-118k and amendments thereto, shallbeapplicable to orders ordecisions stayed pursuant to this section.
History: L. 1929, ch. 220, § 7; L. 1978, ch. 265, § 5; L. 1980,ch. 200, § 2;L. 1992, ch. 231, § 2; July 1.
Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-118g.Same; stay or suspension of order or decision pending review.(a) The filing or pendency of the application for review provided for inthis act shall not in itself stay or suspend the operation of any orderor decision of the commission, except as provided in subsection (b),but, during the pendency of such proceeding the court, initsdiscretion, may stay or suspend, in whole or in part, the operation ofthe order or decision of the commission. No order staying orsuspending an order or decision of the commission shall be made by anycourt of this state without five days' notice andafter ahearing. If a stay or suspension is allowed, the ordergranting such stay or suspension shall contain a specific finding, based uponevidence submitted tothe court and identified by reference thereto, that great or irreparabledamage would otherwise result to the petitioner and specifying thenature of the damage.
(b) If the court of appeals does not issue a final order within 120 daysafter the filing with the clerk of the court of appeals ofanapplication for judicial review of an order or decisionof the commission in a public utility rate case, the court of appealsshall automatically stay the order or decision of the commission, to theextent provided in this subsection, when such stayis requested by motion of apublic utility that is a party to the action. The commission's order ordecision shall be stayed only to the extent that the commission did notgrant the amount that is being contested by the public utility onappeal. The public utility may collect, pursuant to K.S.A. 66-118h andamendments thereto, ratesup to but not exceeding the amount that is beingcontested by the public utility on appeal. The provisions of K.S.A.66-118h through 66-118k and amendments thereto, shallbeapplicable to orders ordecisions stayed pursuant to this section.
History: L. 1929, ch. 220, § 7; L. 1978, ch. 265, § 5; L. 1980,ch. 200, § 2;L. 1992, ch. 231, § 2; July 1.
Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-118g.Same; stay or suspension of order or decision pending review.(a) The filing or pendency of the application for review provided for inthis act shall not in itself stay or suspend the operation of any orderor decision of the commission, except as provided in subsection (b),but, during the pendency of such proceeding the court, initsdiscretion, may stay or suspend, in whole or in part, the operation ofthe order or decision of the commission. No order staying orsuspending an order or decision of the commission shall be made by anycourt of this state without five days' notice andafter ahearing. If a stay or suspension is allowed, the ordergranting such stay or suspension shall contain a specific finding, based uponevidence submitted tothe court and identified by reference thereto, that great or irreparabledamage would otherwise result to the petitioner and specifying thenature of the damage.
(b) If the court of appeals does not issue a final order within 120 daysafter the filing with the clerk of the court of appeals ofanapplication for judicial review of an order or decisionof the commission in a public utility rate case, the court of appealsshall automatically stay the order or decision of the commission, to theextent provided in this subsection, when such stayis requested by motion of apublic utility that is a party to the action. The commission's order ordecision shall be stayed only to the extent that the commission did notgrant the amount that is being contested by the public utility onappeal. The public utility may collect, pursuant to K.S.A. 66-118h andamendments thereto, ratesup to but not exceeding the amount that is beingcontested by the public utility on appeal. The provisions of K.S.A.66-118h through 66-118k and amendments thereto, shallbeapplicable to orders ordecisions stayed pursuant to this section.
History: L. 1929, ch. 220, § 7; L. 1978, ch. 265, § 5; L. 1980,ch. 200, § 2;L. 1992, ch. 231, § 2; July 1.
