66-109.
Variations from schedule of rates.
No common carrier or public utility governed by the provisions of this act shall, knowingly or willfully, charge, demand, collect or receive a greater or less compensation for the same class of service performed by it within the state, or for any service in connection therewith, than is specified in the printed schedules or classifications, including schedules of joint rates; or demand, collect or receive any rate, joint rate, toll, fare or charge not specified in such schedule or classification: Provided, That rates different from those specified in the printed schedule or classification of rates may be charged by any public utility, street or interurban railway, by agreement with the customer, in cases of charity, emergency, festivity or public entertainment: Provided, That any utility governed by the provisions of this act may grant to the officers, employees and agents of such utilities free or reduced rates or service upon like terms and in the same manner as is now provided by law relating to common carriers.
History:
L. 1911, ch. 238, § 12; May 22; R.S. 1923, 66-109.
Notes of Decisions
United Cities Gas Co. v. Brock Expl. Co., 995 F. Supp. 1284 (D. Kan. 1998).
· cites it 3× “2d 466, 469-70 (1981) (citing K.S.A. 66-109). If, under these established rates, a public utility finds that it has incurred a revenue surplus or shortage, it is neither obligated to refund the surplus nor permitted to recoup the shortage through a rate alteration.”
Sunflower Pipeline Co. v. State Corp. Comm'n, 624 P.2d 466 (Kan. Ct. App. 1981).
· cites it 4× “K.S.A. 66-109, as set out in part below, prohibits charging rates greater or less than those shown by such schedules: “No common carrier or public utility governed by the provisions of this act shall, knowingly or willfully, charge, demand, collect or receive a greater or less…”
Grindsted Prods., Inc. v. Kansas Corp. Comm'n, 937 P.2d 1 (Kan. 1997).
· cites it 2× “” It alleged that KCPL had unjustly, unreasonably and unlawfully discriminated against Grindsted in violation of K.S.A. 66-109 by failing to disclose and refusing to apply the EDR tariff to Grindsted.”
Jones v. Kansas Gas & Elec. Co., 565 P.2d 597 (Kan. 1977).
“(K.S.A. 66-109.) Utilities cannot refuse to serve a slow-paying customer or a credit risk who might be turned away by a local merchant.”
Auten v. Kansas Corp. Comm'n, 3 P.3d 86 (Kan. Ct. App. 2000).
· cites it 6× “The appellants ar *253 gue the KCC and the district court erred in finding that Bell was not in violation of K.S.A. 66-109 when Bell’s pay telephones would not make change for amounts received in excess of 350 for a local phone call.”
Kansas Gas & Elec. Co. v. State Corp. Comm'n, 794 P.2d 1165 (Kan. Ct. App. 1990).
“The court concluded K.S.A. 66-109 does not allow deviation from an established rate without commission approval, even if the established rate is unreasonably low.”
Kansas Elec. Power Co. v. Thomas, 255 P. 33 (Kan. 1927).
· cites it 2× “” Section 66-109 of the Revised Statutes in part reads: “No common carrier or public utility governed by the provisions of this act shall, knowingly or willfully, charge, demand, collect or receive a greater or less compensation for the same class of service performed by it…”
Kansas Power & Light Co. v. Mobil Oil Co., 426 P.2d 60 (Kan. 1967).
“2 became the filed and published schedule of rates, the appellee as a matter of law was required to charge those rates under the mandatory provisions of K.S.A. 66-109. I think the trial court defined the issue and then correctly resolved it in the following succinct statement…”
Empire Nat. Gas Co. v. Thorp, 245 P. 1058 (Kan. 1926).
· cites it 2× “Section 66-109 in part reads: “No' common carrier or public utility governed by the provisions of this act shall, knowingly or willfully, charge, demand, collect or receive a greater or less compensation for the 'same class of service performed by it within the state, or for any…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.