KANSAS OFFICE of
  REVISOR of STATUTES

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66-101h. Same; general supervision and inspection of utilities; damage liability. The commission shall have general supervision of all electric public utilities doing business in this state and shall inquire into any neglect or violations of the laws of this state by any electric public utility or by the officers, agents or employees thereof. From time to time, the commission shall carefully examine and inspect the condition of each electric public utility, its equipment, the manner of its conduct and its management with reference to the public safety and convenience. Nothing in this section shall be construed as relieving any electric public utility from its responsibility or liability for damage to person or property.

History: R.S. 1923, 66-156; L. 1985, ch. 225, § 49; July 1.

Source or Prior Law:

L. 1901, ch. 286, § 7; L. 1907, ch. 267, § 1; L. 1907, ch. 268, § 3; Revised, 1923.

Law Review and Bar Journal References:

"Comments on the Proposed Kansas Groundwater Conservation Act from the Electric Utility Industry Viewpoint," L. Earl Watkins, Jr., 35 K.L.R. 395, 396 (1987).

CASE ANNOTATIONS

1. Operation of act, before amendment, confined to steam railroads. Railroad Co. v. Railroad Commissioners, 73 Kan. 168, 171, 84 P. 755.

2. Jurisdiction extended to include electric lines. The State v. Railway Co., 81 Kan. 430, 105 P. 704.

3. Jurisdiction of commission over railroad crossing upon highway considered. The State, ex rel., v. Railway Co., 95 Kan. 22, 31, 147 P. 801.

4. Power to regulate and control location of telegraph stations. The State, ex rel., v. Postal Telegraph Co., 96 Kan. 298, 300, 304, 150 P. 544.

5. Commission's order authorizing railroad to dualize station agencies held lawful and reasonable. Community of Woodston v. State Corporation Comm., 186 Kan. 747, 750, 353 P.2d 206.

6. Courts have primary jurisdiction in cases involving private negligence or breach of contract against public utility. Hamilton v. United Telephone Co. of Kansas, 6 Kan App. 2d 885, 886, 887, 636 P.2d 202 (1981).

7. Regulation of railroads is a matter of statewide concern and beyond home rule power of county by reason of state preemption. Missouri Pacific Railroad v. Board of Greeley County Comm'rs, 231 Kan. 225, 231, 643 P.2d 188 (1982).

8. Cited; power and authority of KCC to fix public utility rates analyzed in re Wolf Creek nuclear facility. Kansas Gas & Electric Co. v. Kansas Corporation Comm'n, 239 Kan. 483, 494, 720 P.2d 1063 (1986).


 



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