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66-118g. Same; stay or suspension of order or decision pending review. (a) The filing or pendency of the application for review provided for in this act shall not in itself stay or suspend the operation of any order or decision of the commission, except as provided in subsection (b), but, during the pendency of such proceeding the court, in its discretion, may stay or suspend, in whole or in part, the operation of the order or decision of the commission. No order staying or suspending an order or decision of the commission shall be made by any court of this state without five days' notice and after a hearing. If a stay or suspension is allowed, the order granting such stay or suspension shall contain a specific finding, based upon evidence submitted to the court and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner and specifying the nature of the damage.

(b) If the court of appeals does not issue a final order within 120 days after the filing with the clerk of the court of appeals of an application for judicial review of an order or decision of the commission in a public utility rate case, the court of appeals shall automatically stay the order or decision of the commission, to the extent provided in this subsection, when such stay is requested by motion of a public utility that is a party to the action. The commission's order or decision shall be stayed only to the extent that the commission did not grant the amount that is being contested by the public utility on appeal. The public utility may collect, pursuant to K.S.A. 66-118h and amendments thereto, rates up to but not exceeding the amount that is being contested by the public utility on appeal. The provisions of K.S.A. 66-118h through 66-118k and amendments thereto, shall be applicable to orders or decisions stayed pursuant to this section.

History: L. 1929, ch. 220, § 7; L. 1978, ch. 265, § 5; L. 1980, ch. 200, § 2; L. 1992, ch. 231, § 2; July 1.


1. Notice and hearing prerequisite to stay order of commission. Union Pac. Rld. Co. v. Missouri Pac. Rld. Co., 135 Kan. 450, 10 P.2d 893.

2. Stay order tantamount to temporary injunction and is appealable. Hayward v. State Corporation Comm., 151 Kan. 1008, 1010, 1011, 1013, 101 P.2d 1041.

3. District court order staying the commission's orders upheld. Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 823, 316 P.2d 277.

4. Evidence shows "great or irreparable damage" if it establishes that a substantial amount of revenue will be permanently lost if the stay is not granted and if the utility would ultimately prevail; no need to show reasonable probability of prevailing on merits. Southwestern Bell Tel. Co. v. Kansas Corporation Commission, 226 Kan. 234, 235, 236, 237, 238, 239, 597 P.2d 633.

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