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.
Structure Kansas Statutes
Article 1 - Powers Of State Corporation Commission
66-101 Electric public utilities; power, authority and jurisdiction of state corporation commission.
66-101b Electric public utilities; efficient and sufficient service; just and reasonable rates.
66-101c Same; publication and filing of rates, rules and regulations and contracts.
66-101d Same; investigations initiated by commission; powers; hearings.
66-101e Same; investigations initiated by complaint; powers; hearings.
66-101f Same; commission orders and decisions.
66-101g Same; liberal construction; incidental powers granted.
66-101h Same; general supervision and inspection of utilities; damage liability.
66-104 Utilities subject to supervision; exceptions.
66-104a Certain telephone utilities not subject to commission jurisdiction; conditions.
66-104c Certain nonprofit public utilities not subject to commission jurisdiction.
66-104f Jurisdiction over municipal electric or natural gas public utilities; limitations.
66-105 Common carriers defined.
66-109 Variations from schedule of rates.
66-114 Giving testimony or evidence in proceedings involving alleged violation of act.
66-115 Effective date of orders; prima facie reasonable.
66-117a State intervention as party to certain rate hearings.
66-117d Discrimination in rates to customers utilizing renewable energy sources prohibited.
66-117e Exemption from filing rates and schedules, when.
66-117f Intervention by municipalities in rate proceedings.
66-118a Review proceedings; court of jurisdiction; parties; transfer to proper court.
66-118b Same; petition for reconsideration; order; time for filing appeal.
66-118c Same; judicial review.
66-118d Same; precedence of action for review.
66-118e Same; change of venue in certain cases.
66-118g Same; stay or suspension of order or decision pending review.
66-118i Same; distribution of unclaimed funds.
66-118j Same; duty of court if order sustained.
66-118k Same; duty of court if order not sustained.
66-118l Same; time orders to become effective.
66-118o Same; invalidity of part.
66-119 Standard commercial units of products; regulations for testing products.
66-120 Gas rates and service in cities of 500 or over.
66-121 Same; regulators, pressure gauges and other devices; standard pressure; rates.
66-122 Accounts, reports and information by utilities.
66-123 Public utilities and common carriers, reports; penalty for failure to file.
66-126 Unlawful securities; penalty.
66-128 Valuation of property for rate-making purposes by commission; construction work in progress.
66-128d Proceeding to determine reasonableness of costs of facility; commencement; procedure.
66-128f Monthly financial reports by certain utilities constructing electric generating facilities.
66-128l Nuclear power generating facilities; decommissioning; definitions.
66-128m Same; decommissioning financing plan.
66-128o Same; review of plan, when; changes.
66-128p Same; funding of decommissioning; state has no financial responsibility.
66-129 Examination of accounts and records.
66-132 Accidents; notice to commission; investigations.
66-134 Permit to transact business to be recorded on books of corporation.
66-136 Transfer of franchise or certificate of convenience.
66-137 Penalty for falsifying or destroying accounts and records; commission may order destruction.
66-138 Common carriers, public utilities; penalties for violation of law; disposition; enforcement.
66-139 Enforcement of act or order.
66-140 Rights and remedies cumulative.
66-143 Interstate rates; corporation commission intervention in proceedings before federal agencies.
66-144 Same; application for relief from interstate rates or regulations.
66-151 Certified copies of documents; admissibility.
66-152 Free transportation and reduced rates in certain cases.
66-154 Rebates, drawbacks and special privileges or discriminations unlawful.
66-154a Unreasonable or discriminatory rates or charges; complaint; investigation by commission.
66-154c Same; time of filing complaints.
66-154e Same; time limitation.
66-154f Same; invalidity of part.
66-155 Duties of attorney of commission.
66-175 False swearing in proceedings; penalty.
66-176 Damages for violations; attorney fees.
66-177 Public utilities, common carriers; penalties for violation of law.
66-178 Same; suits by individuals or corporations permitted.
66-179 Joinder of causes of action.
66-183 Stringing wires along or across streets, highways or public places; regulations.
66-184 Same; complaint; investigations and orders.
66-185 Same; penalty for noncompliance with order.
66-194 Same; complaint; investigations and orders.
66-195 Same; penalty for failure to comply with order.
66-1,105 Service of orders and decisions; effective dates.
66-1,107 Validity of 1925 act.
66-1,108 Transportation by motor carriers; definitions.
66-1,108a Regulation of motor carriers; powers granted to state corporation commission.
66-1,108b Same; powers of state corporation commission.
66-1,108c Same; examination of accounts and records.
66-1,111 Types of carriers which must comply with act and other applicable laws.
66-1,112g Private motor carrier permits; rules and regulations.
66-1,112h Voluntary suspensions of permits or licenses; period; effect.
66-1,112j Suspension or revocation of permit, certificate or interstate license; notice and hearing.
66-1,113 Unreasonable charges prohibited.
66-1,115 Private motor carriers of property must secure licenses or permits.
66-1,115a Granting of certain permits and certificates without formal hearing, when; notice.
66-1,119 Effect of failure to annually renew.
66-1,128 Motor carrier liability insurance requirements; self-insurance, when.
66-1,129 Motor carriers; safety rules and regulations adopted by commission; exceptions.
66-1,129b Intrastate transportation of certain hazardous materials; authorizing federal exemption.
66-1,130 Violation of act; penalty.
66-1,131 Duty of sheriffs, peace officers and county attorneys.
66-1,132 Former certificates remain in force.
66-1,133 Sections 66-196 to 66-1,107 repealed in part.
66-1,134 Sections 66-196 to 66-1,133 repealed in part.
66-1,138 Certain vehicles exempt from 66-1,139 and 66-1,140.
66-1,139a Unified carrier registration clearing fund.
66-1,141 Provisions of K.S.A. 66-1,138 and 66-1,139 supplemental to chapter 66, article 1.
66-1,142a Investigations conducted by highway patrol and commission for federal agency.
66-1,142b Civil penalties; motor carriers.
66-1,142c Commission authorized to compromise civil penalty.
66-1,143 Radio common carriers; defined; limitation of KCC jurisdiction.
66-1,150 Rules and regulations in conformance with federal pipeline safety act; application.
66-1,151 Violation of standards; penalty.
66-1,152 Same; compromise of penalty; alternative to civil penalty.
66-1,153 Fees for inspection and supervision authorized; gas pipeline safety standards.
66-1,154 Fees for inspection and supervision of gas pipeline safety standards.
66-1,155 Same; disposition of fees; gas pipeline inspection fee fund.
66-1,156 Same; frequency of remittances.
66-1,157 Same; default in certain payments; applicable provisions.
66-1,157a Gas pipelines, responsibility for maintenance.
66-1,157b Accidents or fires; investigation; possession of evidence.
66-1,157c Residential pipeline, inspection by city or county.
66-1,157d Destruction of pipeline signs or markers a crime.
66-1,158 Nuclear generation facility siting; definitions.
66-1,159 Same; permit required prior to site preparation or construction; application; hearing.
66-1,159a Same; applications, pending prior to amendment of act.
66-1,160 Same; notice of hearing.
66-1,163 Same; petition for reconsideration.
66-1,164 Judicial review of commission's actions.
66-1,165 Precedence of action for review.
66-1,168 Effective date of certain commission decisions.
66-1,169b Same; proposed facilities outside of state; application of act.
66-1,171 Declaration of public policy.
66-1,173 Rights and responsibilities of suppliers; exceptions.
66-1,175 Agreements between retail electric suppliers authorized; commission approval required.
66-1,177 Electric transmission lines; definitions.
66-1,179 Same; notice of hearing.
66-1,180 Same; siting; proceedings; permit.
66-1,181 Judicial review of commission's actions.
66-1,183 Same; duty of utility to restore land.
66-1,183a Urban electric transmission lines; siting; notice requirements; definitions.
66-1,184a Disposition of revenues from certain sales.
66-1,185 Jurisdiction of commission to comply with certain federal legislation.
66-1,186 Designation of commission to submit conservation plan to federal government.
66-1,187 Telecommunications public utility; definitions.
66-1,188 Same; power, authority and jurisdiction of state corporation commission.
66-1,191 Same; investigations initiated by commission; powers; hearings.
66-1,192 Same; investigations initiated by complaint; powers; hearings.
66-1,193 Orders and decisions of commission; service of copy upon utility; effective date.
66-1,194 Same; liberal construction; incidental powers granted.
66-1,195 Same; general supervision and inspection of utilities; liability for damages.
66-1,196 Access to live operator required for certain calls.
66-1,200 Natural gas public utilities; definitions.
66-1,201 Same; power, authority and jurisdiction of state corporation commission.
66-1,202 Natural gas public utilities; efficient and sufficient service; just and reasonable rates.
66-1,203 Same; publication and filing of rates, rules and regulations and contracts.
66-1,204 Same; investigations initiated by commission; powers; hearings.
66-1,205 Same; investigations initiated by complaint; powers; hearings.
66-1,206 Same; commission orders and decisions.
66-1,207 Same; liberal construction; incidental powers granted.
66-1,208 Same; general supervision and inspection of utilities; liability for damages.
66-1,210 Retail natural gas supplier; failure to renew franchise; compensation.
66-1,215 Common carriers; definitions.
66-1,216 Same; power, authority and jurisdiction of state corporation commission.
66-1,219 Same; investigations initiated by commission; powers.
66-1,220 Same; investigations initiated by complaint; powers; hearings.
66-1,221 Orders and decisions of commission; service of copy upon carrier; effective date.
66-1,222 Same; liberal construction; incidental powers granted.
66-1,223 Same; general supervision and inspection of carriers; exception; liability for damages.
66-1,230 Miscellaneous public utilities; definitions.
66-1,231 Same; power, authority and jurisdiction of state corporation commission.
66-1,234 Investigations initiated by commission; powers; hearings.
66-1,235 Investigations initiated by commission; powers; hearings.
66-1,236 Orders and decisions of commission; service of copy upon utility; effective date.
66-1,237 Same; liberal construction; incidental powers granted.
66-1,238 Same; general supervision and inspection of utilities; damage liability.
66-1,240 Utility financing and securitization act; citation.
66-1,241 Same; financing order; application; elements of approved financing order; judicial review.
66-1,242 Same; items prohibited from consideration by commission in any matter.
66-1,245 Same; security interest in securitized utility tariff property; governing provisions.
66-1,248 Same; maintenance of financing statements; requirements for financing statements.
66-1,251 Same; allowed investments in securitized utility tariff bonds.
66-1,252 Same; prohibited state actions conflict of law; invalidity of act.