Session of 1999
HOUSE BILL No. 2029
By Committee on Utilities
9 AN ACT concerning retail electric and natural gas service; providing for
10 competition under certain conditions.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. As used in this act:
14 (a) "Certified territory" means the service territory certified to a util-
15 ity pursuant to K.S.A. 66-1,170 et seq. and amendments thereto.
16 (b) "Commission" means the state corporation commission.
17 (c) "Electric or natural gas service provider" means any entity selling
18 retail electric or natural gas service.
19 (d) "Retail electric or natural gas service" means the provision of or
20 the commitment to provide electricity or natural gas to the ultimate con-
21 sumer. "Retail electric or natural gas service" does not include distribu-
22 tion or transmission services provided before the point where the elec-
23 tricity or natural gas is delivered to the ultimate consumer.
24 Sec. 2. (a) Any consumer or any electric or natural gas service pro-
25 vider may apply to the commission to authorize an electric or natural gas
26 service provider to provide retail electric or natural gas service. The com-
27 mission shall grant conditional authorization to an electric or natural gas
28 service provider to provide retail electric or natural gas service if the
29 commission determines that:
30 (1) The change to such provider is desired by the consumer;
31 (2) rates, quality of energy, reliability, customer service and other
32 aspects of service offered by such provider are comparable to or better
33 than those provided by the existing provider; and
34 (3) such provider's offer is not matched by the existing provider.
35 (b) The commission shall grant final authorization to an electric or
36 natural gas service provider to provide retail electric or natural gas service
37 if the commission determines that:
38 (1) Within six months after acquiring its first customer, such provider
39 makes a valid offer to provide retail electric or natural gas service that is
40 accepted by at least 1% of the original provider's customers of each cus-
41 tomer class; and
42 (2) within six months after making such offer, such provider's offer
43 is accepted by at least 1% of the original provider's customers of each
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1 customer class.
2 (c) If the conditions of subsection (b) are not met, all customers of
3 such provider shall be returned to the original provider.
4 Sec. 3. This act shall take effect and be in force from and after its
5 publication in the statute book.