Session of 1999
HOUSE BILL No. 2026
By Committee on Utilities
9 AN ACT concerning electric service; authorizing the state corporation
10 commission to provide for competition in retail sales of generation
11 service; repealing K.S.A. 1998 Supp. 66-1902.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. (a) As used in this section:
15 (1) "Commission" means the state corporation commission.
16 (2) "Distribution services" means services provided from the point
17 where electricity enters the distribution system to the point at which the
18 electricity is delivered to consumers.
19 (3) "Generation service" means electricity or capacity to generate
20 electricity but does not include transmission or distribution services.
21 (4) "Retail supplier" means a person or entity selling or offering to
22 sell generation service at retail in this state.
23 (5) "Transmission services" means services provided from the point
24 where electricity is generated to the point at which the electricity enters
25 the distribution system.
26 (b) The commission shall develop and implement a plan to allow all
27 retail electric customers in this state to select a retail supplier of the
28 customer's choice on and after July 1, 2002.
29 (c) On and after the date when the commission implements a plan
30 pursuant to subsection (b):
31 (1) For the purposes of chapter 66 of the Kansas Statutes Annotated,
32 "electric public utility" shall not include the business of selling or offering
33 to sell generation service at retail; and
34 (2) for the purposes of K.S.A. 66-1,170 through 66-1,176c, and
35 amendments thereto, "retail electric supplier" means a person or entity
36 engaged in the business of furnishing distribution services.
37 (d) For all taxable years commencing on or after the date when the
38 commission implements a plan pursuant to subsection (b), for the pur-
39 poses of K.S.A. 79-1439 and amendments thereto:
40 (1) Electric public utility property, whether real or personal, tangible
41 or intangible, includes only property subject to regulation and included
42 in electric utility rate bases by the commission; and
43 (2) all other property of a retail supplier shall be considered property
44 used for commercial and industrial purposes.
45 (e) Nothing in this section shall be construed to limit or otherwise
46 affect the commission's jurisdiction, authority and duty to regulate the
47 furnishing of distribution services as a public utility.
48 Sec. 2. K.S.A. 1998 Supp. 66-1902 is hereby repealed.
49 Sec. 3. This act shall take effect and be in force from and after its
50 publication in the statute book.