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From YouTube: Business Meeting for Tuesday, November 2, 2021
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A
Good
morning
this
is
chair,
french
and
I
am
convening
the
regularly
scheduled
business
meeting
of
the
kansas
corporation
commission
for
this
tuesday
november
2nd
2021
joined
by
my
colleagues,
commissioner
duffy
and
commissioner
keane
on
today's
agenda.
We
have
19
consent,
agenda
items,
three
noticed
items
and
we
also
have
a
hearing
public
hearing
on
proposed
gas
pipeline
safety
regulation
amendments.
A
So
with
that
agenda
in
mind,
we
will
begin
with
our
consent
agenda.
Commissioners,
you've
had
the
opportunity
to
review
all
of
the
proposed
items
on
the
consent
agenda
for
our
consideration.
Let
me
ask
at
this
time
whether
you
have
any
questions
or
comments
on
those
items.
I
will
begin
with
commissioner
keane.
A
Second,
we
have
a
motion
and
a
second
to
approve
the
consent
agenda.
Is
there
any
further
discussion
on
that
motion?
Hearing
none
those
in
favor,
please
vote
aye,
aye
aye
the
consent
agenda
is
approved.
We
will
now
move
to
our
noticed
items.
Our
first
noticed
item
is
in
docket
number
22
ekce141
pre,
and
this
is
a
proposed
order,
granting
effigy's
request
to
temporarily
suspend
procedural
schedule.
Our
presenter
for
this
item
is
mr
brian.
Fadot
morning,
brian.
C
Good
morning,
good
morning,
commissioners,
thank
you.
On
september
30th,
the
commission
issued
an
order
setting
procedural
schedule
in
this
docket.
On
october,
26
evergy
filed
a
request
to
temporarily
suspend
the
procedural
schedule,
citing
the
need
to
allow
more
time
to
develop
information
to
evaluate
its
predetermination
filing.
C
On
october,
28th,
commission
staff
expressed
its
support
for
evergea's
request
in
october
29th
kerb
stated
it
had
no
objection
to
evergee's
request
provided
that
energy
confer
with
curb,
in
addition
to
staff,
before
proposing
a
new
procedural
schedule,
everge's
request
to
temporarily
suspend
the
procedural
schedule
is
granted
everyday,
should
work
with
both
staff
and
curb
to
develop
a
new
procedural
schedule.
With
that,
I'm
available
for
any
questions
you
may
have.
A
B
A
E
A
D
No
questions
a
couple
of
comments-
if
I,
if
I
may
this
this
matter
in
in
this
order-
basically
emanates
from
district
three.
The
fifty
wells
that
are
on
here,
I
think
that
comprises
a
fair
number
of
wells.
I
believe
the
schedule
that
the
district
office
has
worked
out
with
the
operator
to
commence-
and
hopefully
conclude
the
plugging
of
these
wells-
is,
I
think,
it's
reasonable,
but
in
particular
what
I
want
to
do
is
commend
our
district
staff.
D
Unfortunately,
until
we,
let's
make
you
talking
about
it,
john's
thinking
about
retiring
in
the
not
too
distant
future,
but
john
does
a
splendid
job
on
all
of
these
in
terms
of
compiling
all
the
documentation
to
to
to
to
to
provide
verification
of
well
designed
and
eligibility
for
these
kinds
of
programs,
and
he's
done
this
consistently
over
a
number
of
years.
But
I
just
wanted
to
pay
special
recognition
to
john
his
efforts
here
in
in
in
general
and
in
particular
with
respect
to
this
order.
Thank
you,
john
for
your
efforts.
B
B
B
E
E
So
if
those
wells
come
to
staff's
attention
and
they
can
coordinate
with
the
operator
and
say
hey,
these
wells
need
to
be
a
priority
and
be
addressed
within
the
next
quarter.
As
far
as
how
regularly
staff
checks
up
on
these
wells,
I'm
not
entirely
sure
we'd
have
to
check
with
our
district
3
staff,
just
because
there
are
a
large
number
of
wells
in
district
3,
especially
sure,
but
my
understanding
is,
I
imagine
they
check
up
on
them,
at
least
on
a
annual
basis
or
somewhat
regular
basis.
B
E
Certainly
so
a
lot
of
the
district
3
numbers
in
particular
have
the
same
deadlines.
So
I
will,
I
usually
receive
a
status
update
on
all
the
agreements
from
district
3
and
that's
usually
about
a
week
or
two
after
the
deadline.
So
there
is
a
slight
delay
there,
but
john
allman
in
district
3
is
pretty.
B
Okay,
very
good,
I
I
do
think
staff
I
agree
with
commissioner
king.
They
should
be
a
commended
for
the
work
they've
done
on
this
project
and
it
will
take
additional
staff
time
and
work
to
ensure
that
the
con
contract
remains
valid
in
that
the
the
operator
is
successfully
plugging
wells
per
the
contract.
With
that,
mr
chairman,
I
do
move
approval
of
this
order.
B
A
B
A
F
You,
commissioners,
before
you
is
an
emergency
shut-in
order
for
one
source
financial
services
incorporated
on
october
29th,
commission
staff,
inspected
operators
spritz
number
a1
well
and
discovered
that
it
is
leaking
natural
gas
into
the
atmosphere.
The
well
is
located
in
a
wheat
field
that
is
being
actively
farmed
under
ksa
55-162-b.
F
The
commission
may
make
orders
on
the
basis
of
emergency
adjudicative
proceedings
if
damage
may
result.
If
immediate
remedial
action
is
not
taken,
this
order
directs
commission
staff
to
immediately
shut
in
the
fritz
number
a1
well
to
stop
it
from
leaking
natural
gas.
The
order
also
directs
commission
staff
to
inspect
operators
other
wells
to
determine
if
any
of
them
pose
an
imminent
threat
of
damage
and
to
immediately
shut
in
those
wells
if
they
do
present
such
a
threat.
With
that,
I
would
recommend
approval
of
the
order
and
I'm
available
for
any
questions.
A
D
D
F
F
D
F
D
B
F
B
A
B
A
We
will
now.
We
have
now
moved
past
all
of
our
docket
noticed
items.
We
will
now
move
into
our
final
agenda
item,
which
is
a
public
hearing
on
proposed
gas
pipeline
safety
regulation
amendments,
and
I
will
convene
that
public
hearing
at
this
time,
but
now
I
will
turn
it
over
to
our
presenter
for
this
item.
Mr
cole
bailey.
G
On
september
10,
we
had
a
hearing
staff
had
a
hearing
that
I
attended
as
well.
With
the
joint
committee
of
administrative
rules
and
regulations,
jay
carr,
we
gave
them
a
brief
rundown
of
the
changes
that
we
were
making
and
they
had
no
questions
before
that.
We
we
on
august
26
on
our
website.
We
gave
notice
to
the
public
that
we'd
be
having
this
public
hearing
today.
G
No
one
from
the
public
has
contacted
me
or
pacp,
and
there
are
no
comments
from
the
public
at
this
time
going
forward.
I,
if
you
you
guys,
can
interrupt
me
anytime,
you'd,
like
I'm,
just
going
to
give
a
brief.
You
know
explanation
of
the
changes
that
we
are
making
on
these
regulations,
so
section
60,
105
of
the
natural
gas
pipeline
safety
act,
allows
states
to
enforce
pipeline
safety
standards,
provided
the
state
is
certified
by
the
u.s
department
of
transportation
on
an
annual
basis.
G
One
of
the
conditions
of
the
dot
certification
requires
the
state
to
adopt
federal
regulations
and
state
rules
on
approximately
a
two
year
basis.
Our
staff
update
state
regulations
to
incorporate
the
latest
federal
amendments.
Kansas
also
has
regulations
that
are
more
stringent
than
federal
regulation.
During
these
periodic
updates.
We
also
take
the
opportunity
to
review
and
update
as
necessary
any
kansas
specific
regulation
as
well.
A
summary
of
the
proposed
amendments
to
the
regulations,
including
the
proposed
purpose
of
each,
is
as
follows:
kar
8211.2
this
is
enforcement
procedures.
G
The
proposed
amendments
to
this
regulation
clarify
the
procedural
hierarchy
at
the
kansas
corporation
commission.
The
current
regulation
indicates
commission
staff
will
enforce
the
regulations
adopted
by
the
commission
in
actuality.
The
commission
itself
enforces
its
regulation.
Commission
staff
investigates
alleged
violations
of
pipeline
safety
and
may
bring
enforcement
actions
before
the
commission.
G
G
The
proposed
amendments
are
necessary
to
ensure
kansas
pipeline
regulations
appropriate
appropriately
near
the
federal
counterparts,
8211
4,
transportation
of
natural
and
other
gas
by
pipeline
minimum
safety
standards.
The
proposed
amendments
to
11
4
update
the
regulations
adopted
by
federal
federal
regulations
to
2018
editions,
specifically
it
adopts
49
cfr
part
192.
G
D
G
G
11-6
establish
a
uniform
procedural
framework
for
enforcing
kansas
pipeline
safety
standards
and
other
safety
related
proceedings.
The
commission
is
responsible
for
enforcing
kansas,
underground
utility
damage
prevention
act.
That's
sometimes
referred
to
as
kudpa
through
similar
nature
enforcement
actions
brought
under
kansas
pipeline
safety
standards
differ
procedurally
from
kudba
the
pers.
These
amendments
211.6
refined
pipeline
safety
procedures
to
mirror
those
as
much
as
applicable
to
the
cutback
procedures.
G
So
it's
more,
I
guess,
easier
for
propose
or
possible
violations
to
understand
what
will
happen
next,
if
they're,
if
they
receive
a
notice
of
a
violation
11-7.
These
are
reporting
requirements.
The
proposed
amendments
of
11
7
strike
a
redundant
regulatory
provision.
The
annual
and
incident
reporting
requirements
struck
from
8211.7
are
contained
and
adopted
by
reference
in
8211.3
or
are
already
required
from
pipeline
operators
pursuant
to
49
cfr
part
191.5.
G
In
addition,
the
proposed
amendments
to
11.7
require
natural
gas
pipeline
operators
to
resubmit
construction
notices
for
projects.
If
the
projects
has
not
started
or
has
been
started,
but
not
yet
completed
by
year,
end
and
finally,
1110
82,
1110
drug
and
alcohol
testing,
the
proposed
amendments
to
kar,
82110
update
drug
and
alcohol
testing
requirements
presently
kansas
pipeline
related
drug
and
alcohol
regulations
adopted
by
reference
a
2010
federal
regulation.
G
A
B
B
So
I
do
want
to
express
to
staff
at
all
levels
who
participated
in
this
long
journey
to
get
the
rules
and
regs
to
this
point,
where
we
vote
on
them
today,
our
gratitude,
it's
necessary
that
we
keep
up
and
ensure
that
our
rule
and
reg
are
consistent,
either
at
the
federal
level
or
with
our
state
law,
and
we
have
done
that,
and
especially
in
this
area
of
natural
gas
and
the
regulation
of
pipeline
safety.
It
is
extremely
important
that,
on
this
side
of
the
process
that
we
are
diligent
and
again,
we
have
been.
B
D
Thank
you
for
the
presentation,
call
it's
a
good
overview.
I
have
a
question
I
got
directed
to
either
you
or
to
leo
house.
I
see
he's
on
the
line
and
I
guess
my
first
question
really
relates
back
to
the
point
that
commissioner
duffy
was
just
making
about
the
arduous
process
and
the
adoption
of
these
rigs,
and
these
are
permanent
regulations
that
we're
looking
at
here
this
morning.
This
is
no
temporary
wonder
here.
D
This
is
the
this
is
the
final
rag
and
I
guess,
maybe
leo
in
fairness
to
cole,
I'd
direct
this
question
to
you.
I
think
cole
indicated
that
it's
been
a
three
year
process
from
start
to
where
we
are
right
now,
with
the
on
the
eve
of
adoption
of
these
rags,
what
was
the
hang
up,
either
substantively
or
procedurally
to
the
best
of
your
knowledge?
Well,
it
took
so
long.
G
G
G
G
G
You
know
at
least
two
weeks
to
get
through
every
agency
and
I
think
they
were
going
to
change
this
process,
but
it
was
kind
of
sidelined
until
next
year
that
it
they
may
have
gone
faster,
but
that's
just
kind
of
how
that's
just
how
it
is.
I
guess
that's
all
I
know,
but
I
don't
know
if
leo
wants
to
add
anything
to
that,
but
it's
just
kind
of
a
step
by
step
and
everyone's
just
trying
to,
I
guess
doing
their
own
their
own
job.
So.
H
I
would
say
from
my
perspective
that
the
longest
duration
was
in
the
attorney
general's
office,
but
they
took
a
real,
deep
dive
into
these
regulations.
They
didn't
just
look
at
what
we
were
posing
to
change.
They
actually
went
back
and
looked
at
the
complete
regulation
from
from
the
beginning,
and
there
were
things
in
there
that
they
corrected
that
we
didn't
even
propose
to
change,
but
they
said
this
is
how
it
should
be
stated
to
comport
with
kansas
law
and
of
course,
once
we
made
that
change.
H
G
D
B
B
D
Thank
you.
Well,
I
I'm
going
to
say
this.
I
didn't
even
be
intended
by
even
by
inference
by
a
guy
asking
a
question
to
to
cast
aspersions
on
any
any
anyone
involved
in
the
process
at
anywhere
anywhere
along
the
line
of
the
of
the
review
and
approval.
I
I
there
are.
There
are
new
process
considerations
here.
There
are
consistently
consistency
with
kansas
rules,
kansas
law,
that
the
need
to
be
adhered
to.
I
fully
respect
that,
and
I
appreciate
that
I
think
other.
D
Sometimes
we
just
wish
that
the
process
were
a
bit
speedier
than
it
is
all
of
those
different
reviewing
authorities
all
along
the
way.
After
all,
they
are
reviewing
regulations,
temporary
and
permanent,
from
virtually
all
agencies
of
kansas
government,
so
they're
inundated
there.
I'm
sure
that
their
their
inbox
is
almost
constantly
full,
but
I
I
can
recall
in
the
I
think,
the
first
two
years
that
I
was
on
the
commission.
We
finally
reached
a
point
of
having
transportation
regulations
approved
that
seemed
like
they'd
been
in
the
pipeline.
D
I
may
mistake
this,
but
I
think
it
was
longer
than
three.
I
think
it
was
something
like
five
five
years.
They
were
in
the
process,
so
I
think
we
all
share
a
common
frustration.
Probably
those
involved
in
the
review
process
share
a
common
frustration
at
certain
aspects
of
that
anyway.
We've
reached
this
point,
that's
good!
I'm
glad
we're
here.
I
do
have
one
other
question
and
leo.
I
will
direct
this
to
you.
I
think
in
fairness
to
cole.
D
There
is
pending,
I
think,
before
the
legislature,
and
I
think
it's
a
there's
a
bill.
That's
going
to
be
carried
over
from
the
21
session
into
the
22
session
that
has
to
do
with
the
penalty
provisions.
I
think
under
our
pipeline
safety
statute,
it's
it's.
It's
run
a
bit
of
a
difference
of
opinion
legislature.
I
believe
that
it
passed
out
of
the
senate.
Increasing
the
fines
was
reconsidered
by
the
house
and
the
house.
D
H
No,
I
don't
think
there
is
a
matter
of
fact.
The
way
we've
you
know
described
clearly
how
we
do.
Our
enforcement
procedures
will
actually
help
in
that
regard,
the
penalty
request
again
from
femza
to
somehow
come
close
to
matching
their
penalties
is
before
the
legislature.
It
was
last
year.
There
was
also
a
section
on
gas
gathering
lines
that
we
didn't
have
jurisdiction
on.
That
would
be
before
the
legislature.
Now
we
would
probably
see
those
this
year
as
two
different
efforts
to
give
them
a
chance
to
evaluate
them
separately.
H
I
think
that
was,
I
think,
some
of
the
hold
up
last
year,
so
we
even
even
with
that,
though,
the
regulations
as
adopted
will
easily
fit
for
gas
gathering
lines
as
well.
There's
nothing
new.
For
that
that
regard,
I
will
say
that
you
know
we're
adopting
a
2018
version.
It's
now
2021,
so
we
have
three
more
years
worth
of
federal
regulations
there
and
there's
been
some
changes,
so
we
will
see.
We
will
see
a
new
effort
start
here
very
shortly
to
try
to
get
this
up
to
date
again,
and
hopefully,
it'll
be
much
quicker.
H
D
Good
well,
thank
you
so
much
for
your
effort
and
your
in
your
professional
contribution
to
this
to
this
process.
I
mean
we're
we're
really
benefiting
enormously
from
your
your
knowledge
and
your
experience
and
we're
all
grateful
to
you
for
the
role
you
play
in
pushing
these
regulations
forward
in
a
way
that
that
that
that
that's
positive
with
that.
Mr
chairman,
I
have
no
other
questions,
but
it
it
at
your
pleasure.
A
Well,
we
will
take
that
in
one
moment.
Let
me
let
me
ask
cole
real
quickly,
the
only
well
first,
let
me
express
echo
both
commissioner
keane
and
commissioner
duffy's
comments.
I
mean
I
do
want
to
express
my
gratitude
for
you
dealing
with
this
process
that
I
know
is
laborious
and
tedious
and
lengthy
so
to
you,
cole
and
leo,
and
any
other
pipeline
safety
staff
that
worked
on
this.
Thank
you,
cole.
The
only
questions
I
had
were
more
just
for
clarity
of
the
record.
A
I
think
you
you
already
mentioned
these
in
your
summary,
but
just
wanted
to
confirm
the
we
did
serve
notice
of
this
public
hearing
back
in
august.
So
more
than
60
days
more
than
the
60
days
that
was
required
under
kansas
law.
Correct,
yes,
and
as
far
as
public
comments,
we
have
not
received
a
request
to
make
a
public
comment
orally
and
we
did
not
receive
any
written
public
comments.
Is
that's
correct.
Okay,
those
were
my
only
questions.
Just
for
clarity.
A
Is
there
any
other
discussion
on
the
proposed
regulations
at
this
time
hearing
none.
We
will
move
to
a
roll
call
vote
and
I
will
just
ask
each
commissioner,
as
I
say
your
name
to
either
to
signify
with
a
yes
or
no,
whether
you
support
adoption
of
the
proposed
amendments
to
the
regulations,
and
I
am
looking
at
the
certificate
of
adoption
here.
It
looks
like
it
has
my
name
listed
first,
so
andrew
j,
french
and
I
vote
yes,
dwight
d
keane.
How
do
you
vote
yes,
susan
k,
duffy?
How
do
you
vote.
B
A
G
A
B
G
A
I
don't
think
so
all
right.
Well,
I
am.
I
then
am
adjourning
the
public
hearing
portion
of
this
business
meeting,
but
we
are
still
in
the
business
meeting.
We
now
have
reached
the
end
of
the
noticed
items
at
today's
business
meeting.
However,
so
I
would
entertain
a
motion
to
adjourn
the
bus.
Today's
business
meeting.