Kansas Statutes Annotated

K.S.A. § 66-128 (2026)

Valuation of property for rate-making purposes by commission; construction work in progress

✓ current as of May 2026

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66-128. Valuation of property for rate-making purposes by commission; construction work in progress. (a) The state corporation commission shall determine the reasonable value of all or whatever fraction or percentage of the property of any common carrier or public utility governed by the provisions of this act which property is used and required to be used in its services to the public within the state of Kansas, whenever the commission deems the ascertainment of such value necessary in order to enable the commission to fix fair and reasonable rates, joint rates, tolls and charges. In making such valuations the commission may avail itself of any reports, records or other things available to the commission in the office of any national, state or municipal officer or board.

(b) (1) For the purposes of this act, except as provided by subsection (b)(2), property of any public utility which has not been completed and dedicated to commercial service shall not be deemed to be used and required to be used in the public utility's service to the public.

(2) Any public utility property described in subsection (b)(1) shall be deemed to be completed and dedicated to commercial service if: (A) Construction of the property will be commenced and completed in one year or less; (B) the property is an electric generation facility that converts wind, solar, biomass, landfill gas or any other renewable source of energy; (C) the property is an electric generation facility or addition to an electric generation facility; or (D) the property is an electric transmission line, including all towers, poles and other necessary appurtenances to such lines, which will be connected to an electric generation facility.

(3) Nothing in this subsection (b) shall be construed to preclude the state corporation commission, either on the commission's initiation of a docket or in a utility rate proceeding, from reviewing whether expenditures for public utility property were efficient and prudent.

(c) As used in this section, "electric transmission line" means any line or extension of a line with an operating voltage of 34.5 kilovolts or more which is at least five miles in length and which is used or to be used for the bulk transfer of electricity.

History: L. 1911, ch. 238, § 28; R.S. 1923, 66-128; L. 1978, ch. 266, § 1; L. 1984, ch. 247, § 1; L. 1995, ch. 264, § 1; L. 2001, ch. 207, § 1; L. 2004, ch. 120, § 6; L. 2007, ch. 117, § 1; L. 2008, ch. 174, § 3; July 1.

Notes of Decisions

Cited in 8 cases, 1978–2006 · leading case: Kansas Gas & Elec. Co. v. Kansas Corp. Comm'n, 720 P.2d 1063 (Kan. 1986).

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Kansas Gas & Elec. Co. v. Kansas Corp. Comm'n, 720 P.2d 1063 (Kan. 1986). · cites it 22× “The result was the passage of House Bill 2927, codified as K.S.A. 66-128 through 66-128k, which substantially broadened and made more specific the statutory authority of the Commission in rate-making cases to address such issues as excess capacity, management inefficiency, and…”

Kansas-Nebraska Nat. Gas Co. v. State Corp. Comm'n, 610 P.2d 121 (Kan. Ct. App. 1980). · cites it 5× “It further states that property of any public utility which has not been completed and dedicated to commercial service shall not be deemed to be used or required to be used in its service to the public except that any property of a public utility, the construction of which will…”

Kansas City Power & Light Co. v. State Corp. Comm'n, 578 P.2d 254 (Kan. 1978). · cites it 8× “At the time of the proceedings before the Commission and the trial court and at the time this matter was argued on appeal K.S.A. 66-128 provided: “Said commission shall have the power and it shall be its duty to ascertain the reasonable value of all property of any common…”

W. Resources, Inc. v. Kansas Corp. Comm'n, 42 P.3d 162 (Kan. Ct. App. 2002). · cites it 2× “WRI and KGE filed a timely petition for reconsideration from this order that was denied by the KCC.”

Gas Serv. Co. v. Kansas Corp. Comm'n, 609 P.2d 1157 (Kan. Ct. App. 1980). · cites it 2× “” The Commission is authorized to include CWIP that will be completed within one year or less of the test year by virtue of language added in 1978 to what is now K.S.A. 1979 Supp. 66-128, as follows: “For the purposes of this act, property of any public utility which has not…”

Kansas Power & Light Co. v. State Corp. Comm'n, 620 P.2d 329 (Kan. Ct. App. 1980). · cites it 2× “2d at 629-30, the court stated: “The Commission is authorized to include CWIP that will be completed within one year or less of the test year by virtue of language added in 1978 to what is now K.S.A. 1979 Supp. 66-128, as follows: “ ‘For the purposes of this act, property of any…”

Kansas Indus. Consumers Grp., Inc. v. State Corp. Comm'n, 138 P.3d 338 (Kan. Ct. App. 2006). · cites it 2× “See K.S.A. 2005 Supp. 66-128 (property that has not been completed and dedicated to commercial service shall not be deemed used and required to be used in services to the public except under specific circumstances); Kansas Power & Light Co.”

Kansas Gas & Elec. Co. v. State Corp. Comm'n, 612 P.2d 184 (Kan. Ct. App. 1980). “2d 121 (1980); K.S.A. 1979 Supp. 66-128. Kansas Gas & Electric Co.”

— K.S.A. § 66-128(a) — 1 case

W. Resources, Inc. v. Kansas Corp. Comm'n, 42 P.3d 162 (Kan. Ct. App. 2002). “WRI and KGE filed a timely petition for reconsideration from this order that was denied by the KCC.”

— K.S.A. § 66-128(b)(2) — 1 case

W. Resources, Inc. v. Kansas Corp. Comm'n, 42 P.3d 162 (Kan. Ct. App. 2002). “WRI and KGE filed a timely petition for reconsideration from this order that was denied by the KCC.”

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