Justia Utilities Law Opinion SummariesArticles Posted in Kansas Supreme Court
In re Joint Application of Westar Energy & Kansas Gas & Electric Co.
The Supreme Court reversed the judgment of the Kansas Corporation Commission approving a non-unanimous settlement agreement including certain rate design changes at issue in this case, holding that the new rate design violates Kansas law.In 2018, two utilities (Utilities) applied to the Commission for a rate increase. The application included a proposed rate increase of $52.6 million per year and changes in the residential rate design. The new rate structure was applicable only to residential distributed generation (DG) customers. Several parties intervened. Most of the parties reached a settlement agreement, but two of the objecting intervenors appealed. The court of appeals affirmed. The Supreme Court reversed, holding that the new rate design violates Kansas law because Kan. Stat. Ann. 66-117d clearly prohibits the Utilities from price discrimination against DG customers. View "In re Joint Application of Westar Energy & Kansas Gas & Electric Co." on Justia Law