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66-101e. Same; investigations initiated by complaint; powers; hearings. Upon a complaint in writing made against any electric public utility governed by this act that any of the rates or rules and regulations of such electric public utility are in any respect unreasonable, unfair, unjust, unjustly discriminatory or unduly preferential, or both, or that any regulation, practice or act whatsoever affecting or relating to any service performed or to be performed by such electric public utility for the public, is in any respect unreasonable, unfair, unjust, unreasonably inefficient or insufficient, unjustly discriminatory or unduly preferential, or that any service performed or to be performed by such electric public utility for the public is unreasonably inadequate, inefficient, unduly insufficient or cannot be obtained, the commission may proceed, with or without notice, to make such investigation as it deems necessary.

No order changing such rates, rules and regulations, practices or acts complained of shall be made or entered by the commission without a formal public hearing, of which due notice shall be given by the commission to such electric public utility or to such complainant or complainants, if any, in accordance with the provisions of the Kansas administrative procedure act. Any public investigation or hearing which the commission shall have power to make or to hold may be made or held before any one or more commissioners. All investigations, hearings, decisions and orders made by a commissioner shall be deemed the investigations, hearings, decisions and orders of the commission, when approved by the commission.

The commission shall have power to require electric public utilities to make such improvements and do such acts as are or may be required by law to be done by any such electric public utility.

History: L. 1911, ch. 238, § 14; R.S. 1923, 66-111; L. 1985, ch. 225, § 31; L. 1988, ch. 356, § 221; L. 1994, ch. 59, § 1; L. 1995, ch. 10, § 4; L. 1997, ch. 132, § 6; July 1.

Source or Prior Law:

L. 1901, ch. 286, § 21.

Cross References to Related Sections:

Reparations act, see 66-154a et seq.

Law Review and Bar Journal References:

Review of history of regulations, Marion Beatty, 27 J.B.A.K. 186, 191 (1958).

"Practice and Procedure Before the State Corporation Commission," Fred B. Adam, 41 J.B.A.K. 199, 200, 201 (1972).

Attorney General's Opinions:

Public utilities; powers of KCC over municipal franchises and ordinances. 84-54.

Electric public utilities; legislative intervention into private utility contracts; authority of corporation commission. 97-47.

CASE ANNOTATIONS

1. Power to regulate and control location of telegraph stations; acts which are subject to supervision and control by commission. The State, ex rel., v. Postal Telegraph Co., 96 Kan. 298, 304, 150 P. 544.

2. Commission may require utility to make improvements, etc. City of Parsons v. Water Supply and Power Co., 104 Kan. 294, 299, 178 P. 438.

3. Commission changing railroad freight rates; notice of hearing required. The State, ex rel., v. Railway Co., 108 Kan. 847, 849, 850, 197 P. 192.

4. Adequate remedy before utilities commission; injunction will not lie. City of Hutchinson v. Bell Telephone Co., 109 Kan. 545, 550, 200 P. 301.

5. Jurisdiction of commission to order siding built. Railway Co. v. Utilities Commission, 111 Kan. 805, 807, 208 P. 576.

6. Authority not given commission to find rates previously charged excessive. Great Western Portland Cement Co. v. Public Service Comm., 121 Kan. 531, 532, 247 P. 881.

7. Section cited in determining who may be heard. Kansas Gas & Electric Co. v. Public Service Comm., 122 Kan. 462, 465, 251 P. 1097; City of Wichita v. Wichita Motor Bus Co., 126 Kan. 677, 681, 271 P. 403.

8. Division as to rehearing on order does not affect its validity. City of Ottawa v. Public Service Commission, 130 Kan. 867, 872, 288 P. 556.

9. Cited in construing reparations statute. State, ex rel., v. Public Service Comm., 135 Kan. 491, 504, 11 P.2d 999.

10. Commission's order authorizing railroad to dualize station agencies held lawful and reasonable. Community of Woodston v. State Corporation Comm., 186 Kan. 747, 752, 353 P.2d 206.

11. Invalid preliminary orders of commission cannot be enjoined. State Corporation Comm. v. Wichita Gas Co., 290 U.S. 561, 54 S. Ct. 321, 322, 324, 78 L.Ed. 500.

12. Mentioned in upholding orders and decisions of commission in fixing rates for telephone company. Southwestern Bell Tel. Co. v. State Corporation Commission, 192 Kan. 39, 46, 386 P.2d 515.

13. In action charging termination procedures violated due process, court held statute provides adequate procedural remedies. Stanford v. Gas Service Company, 346 F. Supp. 717, 719.

14. Customers of utility companies had remedy in state courts and could not bring action in federal court; action challenging legality of late assessment charges. Tennyson v. Gas Service Co., 506 F.2d 1135, 1141.

15. Legislative grant of authority to KCC includes control over rates and tariffs. In re Application of Southwestern Bell Tel. Co., 9 Kan App. 2d 525, 533, 534, 685 P.2d 304 (1984).


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