Kansas Statutes Annotated

K.S.A. § 66-131 (2026)

Permit to transact business required; exceptions; limitations on commission's authority and jurisdiction; time period for determination of application

✓ current as of May 2026

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66-131. Permit to transact business required; exceptions; limitations on commission's authority and jurisdiction; time period for determination of application. (a) No person or entity seeking to construct electric transmission lines as defined in K.S.A. 66-1,177, and amendments thereto, or common carrier or public utility, including that portion of any municipally owned utility defined as a public utility by K.S.A. 66-104, and amendments thereto, governed by the provisions of this act shall transact business in the state of Kansas until it shall have obtained a certificate from the corporation commission that public convenience and necessity will be promoted by the transaction of said business and permitting said applicants to transact the business of a common carrier or public utility in this state. In no event shall such jurisdiction authorize the corporation commission to review, consider or effect the facilities or rates charged for services or in any way the operation of such municipally owned or operated electric or gas utility within the corporate limits or outside but within three miles of the corporate limits of any city, or facilities, or rates charged for services or in any way the operation of facilities or their replacements now owned by any such utility. No prescribed rates, orders or other regulatory supervision of the corporation commission shall be contrary to any lawful provision of any revenue bond ordinance authorizing the issuance of revenue bonds to finance all or any part of the municipally owned or operated electric or gas utility so subjected to the jurisdiction of the corporation commission. This section shall not apply to any common carrier or public utility governed by the provisions of this act now transacting business in this state, nor shall this section apply to the facilities and operations of any municipally owned or operated utility supplying electricity or gas outside of the corporate limits of any municipality where such facilities and operations are in existence on the effective date of this act, but any extension of such facilities or any new facilities located outside of and more than three miles from the municipality's corporate limits, shall be subject to the requirements of this section, nor shall this section apply to any municipally owned or operated electric or gas utility furnishing electricity or gas to a facility owned or jointly owned by such municipality and located outside the corporate limits of such municipality.

(b) The commission shall issue a decision on a common carrier or public utility's application for a certificate of public convenience and necessity within 180 days of receiving the application. Nothing in this subsection shall preclude an applicant and the commission from agreeing to a waiver or an extension of the 180-day period.

(c) The commission shall issue a decision on a common carrier or public utility's application for mergers or acquisitions within 300 days of receiving the application. Nothing in this subsection shall preclude an applicant and the commission from agreeing to a waiver or an extension of the 300-day period. The commission shall expeditiously process every application covered within this subsection.

History: L. 1911, ch. 238, § 31; R.S. 1923, 66-131; L. 1968, ch. 333, § 7; L. 1978, ch. 263, § 3; L. 2012, ch. 101, § 2; L. 2014, ch. 107, § 2; July 1.

Notes of Decisions

Cited in 12 cases, 1955–2001 · leading case: Lyon-Coffey Elec. Coop., Inc. v. State Corp. Comm'n, 31 P.3d 962 (Kan. Ct. App. 2001).

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Lyon-Coffey Elec. Coop., Inc. v. State Corp. Comm'n, 31 P.3d 962 (Kan. Ct. App. 2001). · cites it 6× “*655 Lyon-Coffey challenges the trial court’s and the KCC’s interpretation of K.S.A. 66-131, K.S.A. 66-1,171, and K.S.A.”

United Tel. Co. of Kansas v. City of Hill City, 899 P.2d 489 (Kan. 1995). · cites it 7× “Moreover, the resolution of the questions raised involves consideration of K.S.A. 66-131 and related statutes concerning the legislative power granted to the Kansas Corporation Commission (KCC) to issue a certificate of convenience and necessity giving a telephone company the…”

Stanford v. Gas Serv. Co., 346 F. Supp. 717 (D. Kan. 1972). · cites it 2× “The state corporation commission is given full power, authority and jurisdiction to supervise and control the public utilities, including radio common carriers, and all common carriers, as hereinafter defined, doing business in the state of Kansas, and is empowered to do all…”

United Cities Gas Co. v. Brock Expl. Co., 995 F. Supp. 1284 (D. Kan. 1998). · cites it 2× “See K.S.A. 66-131. In May 1987, approximately one year before Brock purchased the oil and gas infrastructure described above, Union Gas System, Inc.”

United Cities Gas Co. v. Brock Expl. Co., 984 F. Supp. 1379 (D. Kan. 1997). · cites it 2× “See K.S.A. 66-131. In May 1987, approximately one year before Brock purchased the oil and natural gas infrastructure described above, Union Gas System, Inc.”

Water Dist. No. 1 of Johnson Cnty. v. Mission Hills Country Club, 960 P.2d 239 (Kan. 1998). · cites it 2× “66-104 and K.S.A. 66-131 in support of its contention that “the accepted rule in Kansas is that utility customers are not normally precluded from obtaining their own supply of heat, light or water for private use.”

Kansas Gas & Elec. Co. v. Will Investments, Inc., 928 P.2d 73 (Kan. 1996). “66-104, the grants involved an attempt to erect an electric transmission line without being a properly certified public utility under K.S.A. 66-131, and the transfer of the grants began site preparation for an electric transmission line without the proper permit as required by K.”

Kansas Pipeline P'ship v. Kansas Corp. Comm'n, 941 P.2d 390 (Kan. Ct. App. 1997). “' The purpose of a certificate of convenience and necessity is clearly defined by K.S.A. 66-131 as follows: “No common carrier or public utility, including that portion of any municipally owned utility defined as a public utility by K.”

Bd. of Pub. Utils. v. City of Kansas City, 605 P.2d 151 (Kan. 1980). “13-1223, which states: “The board of public utilities shall have the exclusive control of the water plant and the electric-light plant and shall be charged with the duty of producing and *197 supplying the city and its inhabitants with water and electric energy for domestic and…”

Kansas City Power & Light Co. v. State Corp. Comm'n, 670 P.2d 1369 (Kan. Ct. App. 1983). “) and not K.S.A. 66-131 which authorizes the commission to issue a certificate of convenience and authority to do business in this state.”

Kansas Elec. Power Coop., Inc. v. State Corp. Comm'n, 683 P.2d 1235 (1984). · cites it 2× “S.A. 17-4614), this applies also to officers.”

Warren Petroleum Corp. v. State Corp. Comm'n, 285 P.2d 777 (Kan. 1955). · cites it 2× “, in accordance with the provisions of Section 66-131, General Statutes of Kansas, 1949.”

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