Session of 1998
                 
 
HOUSE RESOLUTION No. 6016
         
By Committee on Utilities
         
3-12
            9      
      A RESOLUTION urging the State Corporation
Commission to postpone
10             certain proceedings
and conduct an investigation relating to a natural
11             gas contract (P-0802
contract).
12            
13                
WHEREAS, The State Corporation has reviewed and made
certain
14             determinations with
respect to a natural gas contract, identified as the P-
15             0802 contract; and
16                
WHEREAS, The State Corporation Commission made certain
deter-
17             minations in its order
of March 12, 1979, in Docket No. 113,421-U, where
18             the Commission found
that the P-0802 contract was not used and useful
19             for the purpose of
providing natural gas service to retail customers in
20             Kansas; and
21                
WHEREAS, The State Corporation Commission found as
follows:
22             ``Furthermore, we are
unconvinced that this contract relationship of ap-
23             plicant with its
wholly owned subsidiary has been maintained strictly at
24             `arms length'. We are
particularly concerned that applicant appears to
25             have sacrificed
benefits of considerable importance by the amendments
26             negotiated subsequent
to the original contract.'' (Order of March 12,
27             1979, at para. 41,
page 28); and
28                
WHEREAS, Kansas ratepayers made contributions to develop oil
and
29             gas leases in the
Bowdoin Field in Montana, which were ultimately made
30             the subject of the
P-0802 contract; and
31                
WHEREAS, The P-0802 contract was made the subject of a
corporate
32             spin off, wherein
utility stockholders were given one share of stock in the
33             company that retained
the P-0802 contract for each share of utility stock
34             that was owned by the
utility share owner; and
35                
WHEREAS, Ratepayers received no benefits from the spin off;
and
36                
WHEREAS, The P-0802 contract was renegotiated as the spin off
was
37             occurring in a
transaction which was not at arm's length and which did
38             not permit marketing
out of the contract if the price under the contract
39             was incompatible with
current market conditions; and
40                
WHEREAS, The price of the P-0802 contract is well above
current
41             market prices; and
42                
WHEREAS, Parties to a State Corporation Commission docket
43             (Docket No.
96-KNNG-700-TAR) entered into a settlement agreement
HR 6016
2
  1             to postpone a
determination of the prudency of the P-0802 contract until
  2             after September
30, 1999, in exchange for rate relief which was to be
  3             effective
through 1999 but, in accepting the agreement, the Commission
  4             nevertheless
determined that there was evidence to support that the con-
  5             tract was
prudent, even though the docket was not established for the
  6             purpose of
determining the prudency of the contract, the determination
  7             was at odds with
earlier rulings by the Commission concerning the con-
  8             tract and the
Commission order had the effect of undermining the set-
  9             tlement
agreement of the parties in Docket No. 96-KNNG-700-TAR; and
10                
WHEREAS, On December 19, 1996, approximately 200
ratepayers
11             appeared before the
State Corporation Commission to request a pru-
12             dency review of the
P-0802 contract; and
13                
WHEREAS, In a subsequent docket (Docket No. 97-KNNG-523-
14             GIG), the State
Corporation Commission agreed to investigate the as-
15             signment of the
contract as part of the gas realignment that was ordered
16             by the Federal Energy
Regulatory Commission to determine if the as-
17             signment was proper,
but the Commission refused to include the issue
18             of the P-0802
contract's prudency, even though such a review would
19             impact on the
contract's assignment: Now, therefore,
20                 Be it
resolved by the House of Representatives of the State of
Kan-
21             sas: That
the State Corporation Commission be urged to postpone its
22             current proceedings in
Docket No. 97-KNNG-523-GIG until such time
23             that the prudency of
all transactions involving the P-0802 contract can be
24             independently
determined or after September 30, 1999; and
25                 Be it
further resolved: That the State Corporation Commission
be
26             urged to conduct an
investigation of all aspects of the P-0802 contract,
27             including the earlier
decision of the Commission which established that
28             the contract was not
required for utility service in Kansas and was not
29             negotiated in an arm's
length transaction.
30