Printable Format66-101c. Same; publication and filing of rates, rules and regulations and contracts. Every electric public utility doing business in Kansas over which the commission has control shall publish and file with the commission copies of all schedules of rates and shall furnish the commission copies of all rules and regulations and contracts between electric public utilities pertaining to any and all jurisdictional services to be rendered by such electric public utilities. The commission shall have power to prescribe reasonable rules and regulations regarding the form and filing of all schedules of rates and all rules and regulations of such electric public utilities, including such protection of confidentiality as requested by the electric public utility, and the utility's suppliers and customers, for contracts entered into by them, and as the commission determines reasonable and appropriate.
History: L. 1911, ch. 238, § 11; R.S. 1923, 66-108; L. 1985, ch. 225, § 19; L. 1995, ch. 21, § 1; March 16.
Revisor's Note:
This section was also amended by L. 1995, ch. 10, § 2, but such amended version was repealed by L. 1995, ch. 21, § 7.
Attorney General's Opinions:
Electric public utilities; legislative intervention into private utility contracts; authority of corporation commission. 97-47.
CASE ANNOTATIONS
1. Act requires schedules to be filed with commission. City of Emporia v. Telephone Co., 90 Kan. 118, 126, 133 P. 858.
2. Tariffs filed with public utilities commission control; special contracts void. Mollohan v. Railway Co., 97 Kan. 51, 55, 154 P. 248.
3. All discrimination and preferences in rates forbidden by utilities act. Milling Co. v. Postal Telegraph Co., 101 Kan. 307, 309, 166 P. 493.
4. Changes and modification of rates must be filed with commission. Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 230, 214 P. 797, 804.
5. Rate cannot be changed without filing of schedule. Empire Natural Gas Co. v. Thorp, 121 Kan. 116, 118, 245 P. 1058.
6. Provision has no effect on interstate rates. Missouri Pac. Rld. Co. v. Red Star Milling Co., 122 Kan. 122, 125, 251 P. 417.
7. Full tariff rate must be paid regardless of error. Kansas Electric Power Co. v. Thomas, 123 Kan. 321, 323, 255 P. 33.
8. Charges for hotel private telephone exchanges upheld though no tariff filed; individual contracts. Tri-State Hotel Co., Inc., v. Southwestern Bell Telephone Co., 155 Kan. 358, 359, 125 P.2d 728.
9. Rates filed hereunder presumed reasonable on commission's failure to investigate; rates to individual customers may be set by private contract. Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 819, 821, 826, 829, 316 P.2d 277.
10. Commission cannot by approval limit liability of telegraph company for error in intrastate message. McNally Pittsburg Mfg. Corp. v. Western Union Telegraph Co., 186 Kan. 709, 713, 353 P.2d 199.
11. Mentioned; public utility has right to contract with their customers. Kansas Power & Light Co. v. Mobil Oil Co., 198 Kan. 556, 559, 563, 426 P.2d 60.
12. A tariff filed with the commission by telephone company is more than a mere contract—it is the law. Shehi v. Southwestern Bell Telephone Co., 382 F.2d 627, 629.
13. Mentioned in upholding a commission order enlarging the certificate of authority of an electric public utility. Central Kansas Power Co. v. State Corporation Commission, 206 Kan. 670, 680, 482 P.2d 1.
14. Section cited; rates established reasonable except as to the imposition of a uniform late penalty. Jones v. Kansas Gas and Electric Co., 222 Kan. 390, 399, 565 P.2d 597.
15. Cited; subsequent order fixing future effective date for a previously authorized rate increase found reasonable and lawful. Sunflower Pipeline Co. v. Kansas Corporation Commission, 3 Kan App. 2d 683, 685, 600 P.2d 794.
16. Utility required to file with K.C.C. schedules of rates and all contracts between utilities. Sunflower Pipeline Co. v. Kansas Corporation Commission, 5 Kan App. 2d 715, 718, 624 P.2d 466.
17. Defendant's termination of referral service not willful and wanton nor breach of contract as unreasonable. Burdick v. Southwestern Bell Tel. Co., 9 Kan App. 2d 182, 184, 185, 186, 675 P.2d 922 (1984).
18. KCC may not allow motor carriers to charge less than maximum rates without filing new tariff. Oilfield Fluid Motor Carriers v. Kansas Corporation Comm'n, 234 Kan. 983, 990, 677 P.2d 982 (1984).
19. No discrimination in failure to disclose and apply tariff to plaintiff; legally filed tariff constitutes constructive notice. Grindsted Products, Inc. v. Kansas Corporation Comm'n, 262 Kan. 294, 309, 937 P.2d 1 (1997).
20. Not necessary to furnish additional notice following amendment of rate application where description of proceeding did not become misleading. Farmland Industries, Inc. v. Kansas Corporation Comm'n, 24 Kan App. 2d 172, 179, 943 P.2d 470 (1997).