Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-1,162.Same; hearing proceedings; transcript;costs; findingsand decision; issuance of permit; construction authorized upon issuanceof permit notwithstanding local zoning ordinances, resolutions orregulations.Except as otherwise provided in this act, the rules and regulationsadopted by the commission pursuant to K.S.A. 66-106 and amendmentsthereto to govern thecommission's proceedings shall be applicable to any proceeding beforethe commission under this act. The electric utility shall proceed withthe introduction of evidence of the necessity for the proposednucleargeneration facility andof the reasonableness of the proposed location and size of the facility.Theburden of proof on any such matter shall be upon the electric utilityand shall be established by a preponderance of the evidence. Allparties present or represented by counsel at the hearing shall have anopportunity to be heard and the right to cross-examine any witnessappearing before the commission at the hearing. The commission shallcause a transcript to be made of the hearing. All costs of any hearingshall be taxed against the electric utility. The hearing and allparties' arguments shall be completed within 90 days after thecommencement thereof. At any time after the commencement of thehearing, the electric utility may withdraw its application for thepermit required by K.S.A. 66-1,159 and amendments thereto.
The commission shall make findings of fact and file such findingswith its decision to grant, grant conditioned by suchfindings or withhold thepermit applied for, except that whenever approval of applications arepending with or must be obtained from any state regulatory authoritywhich relate to the operation of any such facility, the commission shallpostpone its decision until proof of theapproval or disapproval of any such application is received. In anycase where a state regulatory authority cannot render final approval ofany such application until the facility is inactual operation, the commission shall accept as proof of approval ordisapproval the state regulatory authority's certification of probableacceptability or unacceptability of an application. Prior to making itsdetermination with respect to the most reasonable location and size of aproposed nuclear generation facility, the commission shall make itsdetermination ofwhether or not a necessity exists for the electric generation capacityof a proposed facility. In addition to anyother considerationdeemednecessary in making such determination, the commission shall considerand make determinations on the following factors: (1) Whether or notthe electric generating capacity of the proposed facility meets or contributesto the meeting of the electrical energyneeds of the people of this state considering the probable futurestatewide electrical energy needs thereof; and (2) whether or notavailable electrical generating capacity exists within the state that iscapable of being distributed economically, reliably, technically andenvironmentally. Whenever the commission determines that a necessityexists for electric generation capacity to be provided by a proposednuclear generation facility, the commission shall make its determinations withrespect to the mostreasonable size and location of any such facility. In addition to any otherconsideration deemed necessary inmaking a determination with respect to the size of a proposed facility, thecommission shall consider the electricutility's total planned utilization of a proposed location for electricgeneration purposes as it relates to the necessity found by thecommission for additional electric generating capacity in the state. Inaddition to any other consideration deemed necessary in making adetermination with respect to the most reasonable location of a proposedfacility, the commission shall consider theavailability of natural resources necessary in the operation of aproposed facility as the same relates to eachalternative location submitted by the electric utility as required bythe provisions of K.S.A. 66-1,159 and amendments thereto. Upon a determinationthat a necessityexists for the proposed nuclear generation facility and that the proposedlocation and sizeof such facility are the most reasonable, thecommission shall issue to the electric utility a permit to constructsuch facility, except that the commission maycondition such permit with respect to the location and size of theproposed nuclear generation facility to provide for an alternate location orsize, orboth, thereof, but in no case shall the commission provide for a sizelarger than that applied for. Upon the issuance of such permit, nolocal ordinance, resolution or regulation shall prohibit theconstruction of the nuclear generation facility, and the electric utility mayproceed withsuch facility notwithstanding any requirement toobtain any building permit under any local zoning ordinance, resolutionor regulation.
Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-1,162.Same; hearing proceedings; transcript;costs; findingsand decision; issuance of permit; construction authorized upon issuanceof permit notwithstanding local zoning ordinances, resolutions orregulations.Except as otherwise provided in this act, the rules and regulationsadopted by the commission pursuant to K.S.A. 66-106 and amendmentsthereto to govern thecommission's proceedings shall be applicable to any proceeding beforethe commission under this act. The electric utility shall proceed withthe introduction of evidence of the necessity for the proposednucleargeneration facility andof the reasonableness of the proposed location and size of the facility.Theburden of proof on any such matter shall be upon the electric utilityand shall be established by a preponderance of the evidence. Allparties present or represented by counsel at the hearing shall have anopportunity to be heard and the right to cross-examine any witnessappearing before the commission at the hearing. The commission shallcause a transcript to be made of the hearing. All costs of any hearingshall be taxed against the electric utility. The hearing and allparties' arguments shall be completed within 90 days after thecommencement thereof. At any time after the commencement of thehearing, the electric utility may withdraw its application for thepermit required by K.S.A. 66-1,159 and amendments thereto.
The commission shall make findings of fact and file such findingswith its decision to grant, grant conditioned by suchfindings or withhold thepermit applied for, except that whenever approval of applications arepending with or must be obtained from any state regulatory authoritywhich relate to the operation of any such facility, the commission shallpostpone its decision until proof of theapproval or disapproval of any such application is received. In anycase where a state regulatory authority cannot render final approval ofany such application until the facility is inactual operation, the commission shall accept as proof of approval ordisapproval the state regulatory authority's certification of probableacceptability or unacceptability of an application. Prior to making itsdetermination with respect to the most reasonable location and size of aproposed nuclear generation facility, the commission shall make itsdetermination ofwhether or not a necessity exists for the electric generation capacityof a proposed facility. In addition to anyother considerationdeemednecessary in making such determination, the commission shall considerand make determinations on the following factors: (1) Whether or notthe electric generating capacity of the proposed facility meets or contributesto the meeting of the electrical energyneeds of the people of this state considering the probable futurestatewide electrical energy needs thereof; and (2) whether or notavailable electrical generating capacity exists within the state that iscapable of being distributed economically, reliably, technically andenvironmentally. Whenever the commission determines that a necessityexists for electric generation capacity to be provided by a proposednuclear generation facility, the commission shall make its determinations withrespect to the mostreasonable size and location of any such facility. In addition to any otherconsideration deemed necessary inmaking a determination with respect to the size of a proposed facility, thecommission shall consider the electricutility's total planned utilization of a proposed location for electricgeneration purposes as it relates to the necessity found by thecommission for additional electric generating capacity in the state. Inaddition to any other consideration deemed necessary in making adetermination with respect to the most reasonable location of a proposedfacility, the commission shall consider theavailability of natural resources necessary in the operation of aproposed facility as the same relates to eachalternative location submitted by the electric utility as required bythe provisions of K.S.A. 66-1,159 and amendments thereto. Upon a determinationthat a necessityexists for the proposed nuclear generation facility and that the proposedlocation and sizeof such facility are the most reasonable, thecommission shall issue to the electric utility a permit to constructsuch facility, except that the commission maycondition such permit with respect to the location and size of theproposed nuclear generation facility to provide for an alternate location orsize, orboth, thereof, but in no case shall the commission provide for a sizelarger than that applied for. Upon the issuance of such permit, nolocal ordinance, resolution or regulation shall prohibit theconstruction of the nuclear generation facility, and the electric utility mayproceed withsuch facility notwithstanding any requirement toobtain any building permit under any local zoning ordinance, resolutionor regulation.
Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-1,162.Same; hearing proceedings; transcript;costs; findingsand decision; issuance of permit; construction authorized upon issuanceof permit notwithstanding local zoning ordinances, resolutions orregulations.Except as otherwise provided in this act, the rules and regulationsadopted by the commission pursuant to K.S.A. 66-106 and amendmentsthereto to govern thecommission's proceedings shall be applicable to any proceeding beforethe commission under this act. The electric utility shall proceed withthe introduction of evidence of the necessity for the proposednucleargeneration facility andof the reasonableness of the proposed location and size of the facility.Theburden of proof on any such matter shall be upon the electric utilityand shall be established by a preponderance of the evidence. Allparties present or represented by counsel at the hearing shall have anopportunity to be heard and the right to cross-examine any witnessappearing before the commission at the hearing. The commission shallcause a transcript to be made of the hearing. All costs of any hearingshall be taxed against the electric utility. The hearing and allparties' arguments shall be completed within 90 days after thecommencement thereof. At any time after the commencement of thehearing, the electric utility may withdraw its application for thepermit required by K.S.A. 66-1,159 and amendments thereto.
The commission shall make findings of fact and file such findingswith its decision to grant, grant conditioned by suchfindings or withhold thepermit applied for, except that whenever approval of applications arepending with or must be obtained from any state regulatory authoritywhich relate to the operation of any such facility, the commission shallpostpone its decision until proof of theapproval or disapproval of any such application is received. In anycase where a state regulatory authority cannot render final approval ofany such application until the facility is inactual operation, the commission shall accept as proof of approval ordisapproval the state regulatory authority's certification of probableacceptability or unacceptability of an application. Prior to making itsdetermination with respect to the most reasonable location and size of aproposed nuclear generation facility, the commission shall make itsdetermination ofwhether or not a necessity exists for the electric generation capacityof a proposed facility. In addition to anyother considerationdeemednecessary in making such determination, the commission shall considerand make determinations on the following factors: (1) Whether or notthe electric generating capacity of the proposed facility meets or contributesto the meeting of the electrical energyneeds of the people of this state considering the probable futurestatewide electrical energy needs thereof; and (2) whether or notavailable electrical generating capacity exists within the state that iscapable of being distributed economically, reliably, technically andenvironmentally. Whenever the commission determines that a necessityexists for electric generation capacity to be provided by a proposednuclear generation facility, the commission shall make its determinations withrespect to the mostreasonable size and location of any such facility. In addition to any otherconsideration deemed necessary inmaking a determination with respect to the size of a proposed facility, thecommission shall consider the electricutility's total planned utilization of a proposed location for electricgeneration purposes as it relates to the necessity found by thecommission for additional electric generating capacity in the state. Inaddition to any other consideration deemed necessary in making adetermination with respect to the most reasonable location of a proposedfacility, the commission shall consider theavailability of natural resources necessary in the operation of aproposed facility as the same relates to eachalternative location submitted by the electric utility as required bythe provisions of K.S.A. 66-1,159 and amendments thereto. Upon a determinationthat a necessityexists for the proposed nuclear generation facility and that the proposedlocation and sizeof such facility are the most reasonable, thecommission shall issue to the electric utility a permit to constructsuch facility, except that the commission maycondition such permit with respect to the location and size of theproposed nuclear generation facility to provide for an alternate location orsize, orboth, thereof, but in no case shall the commission provide for a sizelarger than that applied for. Upon the issuance of such permit, nolocal ordinance, resolution or regulation shall prohibit theconstruction of the nuclear generation facility, and the electric utility mayproceed withsuch facility notwithstanding any requirement toobtain any building permit under any local zoning ordinance, resolutionor regulation.
