Article 15.--COSTS AND EXPENSES OF INVESTIGATION AND REGULATION; HEARINGS
66-1502.Assessment of certain expenses; payment.(a) Whenever, in order to carry out the duties imposed upon it by law, thestate corporation commission, in a proceeding upon its own motion, oncomplaint, or upon an application to it, shall deem it necessary toinvestigate any public utility or common carrier or make appraisals of theproperty of any public utility, such public utility or common carrier, incase the expenses reasonably attributable to such investigation or appraisalexceed thesum of $100, including both direct andindirect expensesincurred by the commission or its staff or by the citizens' utilityratepayer board, shall pay such expenses which shallbe assessed against such public utilityor common carrier by thecommission.Such expenses shall be assessed beginning on the date thatthe proceeding is filed or beginning three business days after the commissiongives the public utility or common carrier notice of the assessment by UnitedStates mail, whichever is later. The state corporation commission shallgive such public utility or common carrier notice and opportunity for a hearingin accordance with the provisions of the Kansasadministrative procedure act. At such hearing, the public utilityor common carrier may be heard as to the necessity of such investigation orappraisal and may show cause, if any, why such investigation or appraisalshould not be made or why the costs thereof should not be assessed againstsuch public utility or common carrier. The finding of the commission asto the necessityof the investigation or appraisal and the assessment of the expenses thereofshall be conclusive, except that no suchpublic utility or common carrier shall be liable forpayment of any such expenses incurred by such state corporation commissionor citizens' utility ratepayer board in connection with any proceedingbefore or within the jurisdiction of any federal regulatory body.
The commission shall ascertain the expenses of any such investigation orappraisal and by order assess such expenses against the public utility orcommon carrierinvestigated or whoseproperty is appraised in such proceeding, and shall render a bill therefor,by United States mail, to the public utility or commoncarrier, either at theconclusion of the investigation or appraisal, or from time to time during suchinvestigation or appraisal. Such bill shallconstitute notice of such assessment anddemand of payment thereof. Upon a bill rendered to such public utility orcommon carrier, within 15 days after the mailingthereof, such public utility or common carrier shall pay tothe commission the amount of the assessment for which it is billed.Such payment when made shall be transmitted by the commission to the statetreasurer, who shall credit the same to the appropriations made for the useof such commission or for the use of the citizens' utility ratepayerboard. The total amount, in any one state fiscal year forwhichany public utility or common carrier shall be assessed under the provisionsof this section shall not exceedthe following: (1) For apublic utility or common carrier that is under the jurisdiction of thecommission and has not filed an annual report with the commission pursuant toK.S.A. 66-123, and amendments thereto, prior to the beginning of thecommission's fiscal year, actual expenses, includingdirect and indirect expenses incurred by the commission or the commission'sstaff or by the citizens' utility ratepayer board; and (2) for any other publicutility or common carrier under the jurisdiction of the commission, 0.6% of thepublic utility's or common carrier's gross operating revenues derived fromintrastate operations as reflected in thelast annual report filed with the commission pursuant to K.S.A. 66-123,and amendments thereto, prior to the beginning of the commission's fiscalyear. The commission may render bills in one fiscal year forcosts incurred within a previousfiscal year.
(b) The commission, in accordance with the procedures prescribed bysubsection (a), may assess against an entity, other than a residentialor small commercial ratepayer,that is not subject to assessmentpursuant to subsection (a) actual expenses of any services extended, filingsprocessed or actions certified by the commission for the entity.
Article 15.--COSTS AND EXPENSES OF INVESTIGATION AND REGULATION; HEARINGS
66-1502.Assessment of certain expenses; payment.(a) Whenever, in order to carry out the duties imposed upon it by law, thestate corporation commission, in a proceeding upon its own motion, oncomplaint, or upon an application to it, shall deem it necessary toinvestigate any public utility or common carrier or make appraisals of theproperty of any public utility, such public utility or common carrier, incase the expenses reasonably attributable to such investigation or appraisalexceed thesum of $100, including both direct andindirect expensesincurred by the commission or its staff or by the citizens' utilityratepayer board, shall pay such expenses which shallbe assessed against such public utilityor common carrier by thecommission.Such expenses shall be assessed beginning on the date thatthe proceeding is filed or beginning three business days after the commissiongives the public utility or common carrier notice of the assessment by UnitedStates mail, whichever is later. The state corporation commission shallgive such public utility or common carrier notice and opportunity for a hearingin accordance with the provisions of the Kansasadministrative procedure act. At such hearing, the public utilityor common carrier may be heard as to the necessity of such investigation orappraisal and may show cause, if any, why such investigation or appraisalshould not be made or why the costs thereof should not be assessed againstsuch public utility or common carrier. The finding of the commission asto the necessityof the investigation or appraisal and the assessment of the expenses thereofshall be conclusive, except that no suchpublic utility or common carrier shall be liable forpayment of any such expenses incurred by such state corporation commissionor citizens' utility ratepayer board in connection with any proceedingbefore or within the jurisdiction of any federal regulatory body.
The commission shall ascertain the expenses of any such investigation orappraisal and by order assess such expenses against the public utility orcommon carrierinvestigated or whoseproperty is appraised in such proceeding, and shall render a bill therefor,by United States mail, to the public utility or commoncarrier, either at theconclusion of the investigation or appraisal, or from time to time during suchinvestigation or appraisal. Such bill shallconstitute notice of such assessment anddemand of payment thereof. Upon a bill rendered to such public utility orcommon carrier, within 15 days after the mailingthereof, such public utility or common carrier shall pay tothe commission the amount of the assessment for which it is billed.Such payment when made shall be transmitted by the commission to the statetreasurer, who shall credit the same to the appropriations made for the useof such commission or for the use of the citizens' utility ratepayerboard. The total amount, in any one state fiscal year forwhichany public utility or common carrier shall be assessed under the provisionsof this section shall not exceedthe following: (1) For apublic utility or common carrier that is under the jurisdiction of thecommission and has not filed an annual report with the commission pursuant toK.S.A. 66-123, and amendments thereto, prior to the beginning of thecommission's fiscal year, actual expenses, includingdirect and indirect expenses incurred by the commission or the commission'sstaff or by the citizens' utility ratepayer board; and (2) for any other publicutility or common carrier under the jurisdiction of the commission, 0.6% of thepublic utility's or common carrier's gross operating revenues derived fromintrastate operations as reflected in thelast annual report filed with the commission pursuant to K.S.A. 66-123,and amendments thereto, prior to the beginning of the commission's fiscalyear. The commission may render bills in one fiscal year forcosts incurred within a previousfiscal year.
(b) The commission, in accordance with the procedures prescribed bysubsection (a), may assess against an entity, other than a residentialor small commercial ratepayer,that is not subject to assessmentpursuant to subsection (a) actual expenses of any services extended, filingsprocessed or actions certified by the commission for the entity.
Article 15.--COSTS AND EXPENSES OF INVESTIGATION AND REGULATION; HEARINGS
66-1502.Assessment of certain expenses; payment.(a) Whenever, in order to carry out the duties imposed upon it by law, thestate corporation commission, in a proceeding upon its own motion, oncomplaint, or upon an application to it, shall deem it necessary toinvestigate any public utility or common carrier or make appraisals of theproperty of any public utility, such public utility or common carrier, incase the expenses reasonably attributable to such investigation or appraisalexceed thesum of $100, including both direct andindirect expensesincurred by the commission or its staff or by the citizens' utilityratepayer board, shall pay such expenses which shallbe assessed against such public utilityor common carrier by thecommission.Such expenses shall be assessed beginning on the date thatthe proceeding is filed or beginning three business days after the commissiongives the public utility or common carrier notice of the assessment by UnitedStates mail, whichever is later. The state corporation commission shallgive such public utility or common carrier notice and opportunity for a hearingin accordance with the provisions of the Kansasadministrative procedure act. At such hearing, the public utilityor common carrier may be heard as to the necessity of such investigation orappraisal and may show cause, if any, why such investigation or appraisalshould not be made or why the costs thereof should not be assessed againstsuch public utility or common carrier. The finding of the commission asto the necessityof the investigation or appraisal and the assessment of the expenses thereofshall be conclusive, except that no suchpublic utility or common carrier shall be liable forpayment of any such expenses incurred by such state corporation commissionor citizens' utility ratepayer board in connection with any proceedingbefore or within the jurisdiction of any federal regulatory body.
The commission shall ascertain the expenses of any such investigation orappraisal and by order assess such expenses against the public utility orcommon carrierinvestigated or whoseproperty is appraised in such proceeding, and shall render a bill therefor,by United States mail, to the public utility or commoncarrier, either at theconclusion of the investigation or appraisal, or from time to time during suchinvestigation or appraisal. Such bill shallconstitute notice of such assessment anddemand of payment thereof. Upon a bill rendered to such public utility orcommon carrier, within 15 days after the mailingthereof, such public utility or common carrier shall pay tothe commission the amount of the assessment for which it is billed.Such payment when made shall be transmitted by the commission to the statetreasurer, who shall credit the same to the appropriations made for the useof such commission or for the use of the citizens' utility ratepayerboard. The total amount, in any one state fiscal year forwhichany public utility or common carrier shall be assessed under the provisionsof this section shall not exceedthe following: (1) For apublic utility or common carrier that is under the jurisdiction of thecommission and has not filed an annual report with the commission pursuant toK.S.A. 66-123, and amendments thereto, prior to the beginning of thecommission's fiscal year, actual expenses, includingdirect and indirect expenses incurred by the commission or the commission'sstaff or by the citizens' utility ratepayer board; and (2) for any other publicutility or common carrier under the jurisdiction of the commission, 0.6% of thepublic utility's or common carrier's gross operating revenues derived fromintrastate operations as reflected in thelast annual report filed with the commission pursuant to K.S.A. 66-123,and amendments thereto, prior to the beginning of the commission's fiscalyear. The commission may render bills in one fiscal year forcosts incurred within a previousfiscal year.
(b) The commission, in accordance with the procedures prescribed bysubsection (a), may assess against an entity, other than a residentialor small commercial ratepayer,that is not subject to assessmentpursuant to subsection (a) actual expenses of any services extended, filingsprocessed or actions certified by the commission for the entity.
