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Session of 1999
          HOUSE BILL No. 2120           By Committee on Utilities           1-26          

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  9             AN  ACT concerning certain electric public utilities; relating to furnishing
10             of electric generation service to certain customers.
11      
12             WHEREAS,  Under Kansas statute and the regulatory compact every
13       electric public utility has an obligation to supply reliable, quality service
14       to ratepayers within the utility's certified territory; and
15             WHEREAS,  Nearly all excess capacity of electric public utilities is in-
16       cluded in the utilities' ratebases and paid for by their ratepayers; and
17             WHEREAS,  Public utilities' excess capacity may be sold to customers
18       that have not contributed to construction of the excess capacity and that
19       the public utility does not have an obligation to serve under the regulatory
20       compact; and
21             WHEREAS,  When the supply of electricity is insufficient to meet de-
22       mand, fairness requires that the needs of ratepayers that paid for excess
23       capacity have priority over those that have not contributed to the con-
24       struction of that capacity: Now, Therefore,
25       Be it enacted by the Legislature of the State of Kansas:
26             Section  1. (a) As used in this section:
27             (1) "Certified territory" has the meaning provided by K.S.A. 66-1,170
28       and amendments thereto.
29             (2) "Electric public utility" means an electric public utility, as defined
30       by K.S.A. 66-101a and amendments thereto, the rates of which are reg-
31       ulated by the state corporation commission.
32             (3) "Firm retail customer" means a customer to which a public utility
33       is required to furnish all retail service requirements under tariff or
34       contract.
35             (b) If an electric public utility cannot supply sufficient electric gen-
36       eration service to fulfill all the utility's obligations, the utility shall furnish
37       all electric generation service requirements of firm retail customers
38       within the utility's certified territory before supplying such service to
39       other customers of the utility.
40        Sec.  2. This act shall take effect and be in force from and after its
41       publication in the statute book.