Session of 1999
         
HOUSE BILL No. 2122
         
By Committee on Utilities
          
1-26
          
  9             AN  ACT concerning electric generation service; authorizing certain
10             sales; amending K.S.A. 66-1,172 and 66-1,173 and repealing the exist-
11             ing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             New Section  1. (a) As used in this section, terms have the meanings
15       provided by K.S.A. 66-1,170 and amendments thereto.
16             (b) Any industrial customer whose contract with an electric service
17       provider provides that the customer's electric generation service is subject
18       to interruption or curtailment may purchase electric generation service
19       from any other supplier of electric generation service whenever the cus-
20       tomer receives notice that an interruption or curtailment of electric gen-
21       eration service will or is likely to occur. The industrial customer may
22       continue to purchase electric generation service from the other supplier
23       for a period of three months from the date the notice is given. At that
24       time the customer shall resume purchasing electric generation service
25       from the electric service provider for the certified territory where the
26       industrial customer utilizes the service.
27             (c) An electric service provider shall make the provider's distribution
28       facilities available for the delivery of electric generation service purchased
29       from another provider pursuant to subsection (b). The electric service
30       provider may charge for the use of such facilities in an amount not ex-
31       ceeding such provider's actual costs plus 10%.
32             Sec.  2. K.S.A. 66-1,172 is hereby amended to read as follows: 66-
33       1,172. Subject to the provisions of this act and section 1 and amendments
34       thereto, the corporation commission shall cause the state to be divided
35       into electric service territories. Within each such territory, only one retail
36       electric supplier shall provide retail electric service, and any such territory
37       established for a retail electric supplier pursuant to this section shall be
38       certified to such retail electric supplier by the commission and such area
39       shall be provided retail electric service exclusively by such supplier. Each
40       retail electric supplier shall continue to have the right to serve all custom-
41       ers being served by it on the effective date of this act, except that such
42       suppliers, by agreement approved by the commission, may otherwise pro-
43       vide for electric service to such customers.

HB 2122

2

  1             Sec.  3. K.S.A. 66-1,173 is hereby amended to read as follows: 66-
  2       1,173. Subject to the provisions of section 1 and amendments thereto,
  3       every retail electric supplier shall have the exclusive right and responsi-
  4       bility to furnish retail electric service to all electric consuming facilities
  5       located within its certified territory, and shall not furnish, make available,
  6       render or extend its retail electric service to a consumer for use in electric
  7       consuming facilities located within the certified territory of another retail
  8       electric supplier: Provided, except that any retail electric supplier, with
  9       the approval of the commission, may extend distribution or transmission
10       facilities through the certified territory of another retail electric supplier,
11       if such extension is necessary for such supplier to connect with any of its
12       facilities or those of others to serve consumers within its own certified
13       territory. 
14       Sec.  4. K.S.A. 66-1,172 and 66-1,173 are hereby repealed.
15        Sec.  5. This act shall take effect and be in force from and after its
16       publication in the Kansas register.