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Minutes for HB2591 - Committee on Energy, Utilities and Telecommunications

Short Title

Exempting the state corporation commission from the open meetings act and prohibiting ex parte communications in all commission proceedings.

Minutes Content for Tue, Feb 13, 2024

Chairperson Delperdang opened the hearing on HB2591.

Nick Myers provided an overview of the bill. (Attachment1) Mr. Myers responded to questions from the committee members.

Chair recognized proponent testimony as follows:

Paul Snider, Kansans for Lower Electric Rates (Attachment2) testified in support of the bill. Mr. Snider explained the bill would be a positive change for the Kansas Corporation Commission (KCC) allowing commissioners to better collaborate on issues with each of their valuable backgrounds and experiences to offer to policy discussions. He added under the current rules, KCC Commissioners can not freely discuss issues.

The conferee responded to questions from committee members.

Proponent-Written only testimony as follows:

Eric Stafford, Kansas Chamber (Attachment3)

Opponent-Written only testimony as follows:

Emily Bradbury, Executive Director, Kansas Press Association and Allison Mazzei, President, Kansas Association of Broadcasters (Attachment4)

Chair recognized neutral testimony as follows:

Andrew J. French, Kansas Corporation Commission, KCC, (Attachment5) testified as neutral on the bill. Mr. French explained the bill makes two changes to Kansas law, first it clarifies the Kansas Open Meetings Act, KOMA, does not apply to docketed proceedings before the commission, allowing commissioners to privately deliberate in those court-like proceedings, second the bill expands and clarifies the prohibitions on ex parte communications in docketed KCC proceedings. He added, the bill would aid the commissioner in performing it's statutory duties and does not, in any way, undermine the State's interest in open and transparent government.

Chuck Caisley, Evergy (Attachment6)  testified as neutral on the bill.  Mr. Caisley explained the bill would exempt the current 3 person KCC from the Kansas Open Meetings Act when considering docketed proceedings before commission. He added working with the KCC through the years, and realizing the complexity of the issues that come before the commission, Evergy recognizes there are benefits to allowing commissioners to work together outside of formal meetings.

The conferees responded to questions from committee members.

Neutral-Written only testimony as follows:

Leslie Kaufman, Kansas Electric Cooperatives, Inc.(Attachment7).

Chairperson Delperdang asked the committee for any further questions.

Chair Delperdang closed the hearing on HB2591.