---

Session of 2000
          HOUSE BILL No. 2849           By Committee on Utilities           2-3          

---

  9             AN  ACT concerning electric public utilities; relating to inclusion of cer-
10             tain property in ratebase; amending K.S.A. 1999 Supp. 66-128 and
11             repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 66-128 is hereby amended to read as
15       follows: 66-128. (a) The state corporation commission shall determine the
16       reasonable value of all or whatever fraction or percentage of the property
17       of any common carrier or public utility governed by the provisions of this
18       act which property is used and required to be used in its services to the
19       public within the state of Kansas, whenever the commission deems the
20       ascertainment of such value necessary in order to enable the commission
21       to fix fair and reasonable rates, joint rates, tolls and charges. In making
22       such valuations the commission may avail itself of any reports, records or
23       other things available to the commission in the office of any national, state
24       or municipal officer or board.
25             (b)  (1) For the purposes of this act, except as provided by subsection
26       (b)(2), property of any public utility which has not been completed and
27       dedicated to commercial service shall not be deemed to be used and
28       required to be used in the public utility's service to the public, except
29       that, any property of a public utility.
30             (2) Any public utility property described in subsection (b)(1) may be
31       deemed to be completed and dedicated to commercial service if: (1) (A)
32       Construction of the property will be commenced and completed in one
33       year or less; (2) (B) the property is an electric generation facility that has
34       a capacity of 100 megawatts or less and converts wind, solar, biomass,
35       landfill gas or any other renewable source of energy; or (3) (C) construc-
36       tion of the property has been authorized by a siting permit issued under
37       K.S.A. 66-1,158 et seq. or 66-1,177 et seq., and amendments thereto; or
38       (D) the property is electric public utility property other than: (i) A nuclear
39       generation facility or addition to a nuclear generation facility, as defined
40       by K.S.A. 66-1,158, and amendments thereto; or (ii) an electric transmis-
41       sion line, as defined by K.S.A. 66-1,177, and amendments thereto, that
42       will be used to transmit electricity or electric power from a nuclear gen-
43       eration facility. 

2
  1       Sec.  2. K.S.A. 1999 Supp. 66-128 is hereby repealed.
  2        Sec.  3. This act shall take effect and be in force from and after its
  3       publication in the Kansas register.