Kansas Corporation Commission Business Meetings, 14 Apr 2022

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From YouTube: Business Meeting for Thursday, April 14, 2022

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A

A

Good morning, all I'm john mccain chair of the kansas corporation commission, I'm joined this morning by my colleagues, commissioner, susan duffy and commissioner andrew french.

B

A

This time I will call to order this meeting the kansas corporation commission on this thursday april 14 2022. uh commissioners. The first matters for our consideration this morning are 27 items on the consent agenda. I would ask if you have any questions, comments or concerns, and I would begin with commissioner duffy.

B

um Thank you, uh chair king. I have no questions or comments.

A

Thank you, uh commissioner. French.

B

No questions, I'm approval of the consent agenda. I second, the motion.

A

Then move the second. We approve the consent agenda. Is there any discussion? uh I would add one uh note to uh uh to our consideration of these matters item. One involves a settlement agreement uh consisting of five wells, and this is from district. Four item number three is a settlement agreement involving 94 wells from district three.

A

The only reason I would draw any particular attention to this is that uh our staff, in all instances- and certainly in this instance from these two districts, go through an extraordinary amount of effort in bringing these matters uh to our attention and to this level. uh I simply want to commend them for that effort and thank them for all of the um work that really takes and entails in bringing these matters uh to. To this point, that's that's the extent of my comments. uh Any further comments.

A

Hearing now I'll call the question all those in favor signify by saying all right, all right, so the consent agenda is approved. uh Moving next to, uh we have two noticed items, um the first of which is docker number s, 21-k dash three, three, three, two there's gig. This is in the matter of investigation into kansas gas service company, a division of one gas. Regarding the february 2021 winter weather events is contemplated by docket number 21-g.

A

Mis before us this morning is an order on apc's petition for intervention petition for reconsideration and a motion for amendment, and our presenter is our general counsel, brian vader good morning, brian.

C

Yes, good morning, commissioners, on march 3rd, the commission issued an order approving a unanimous settlement agreement on the waiver of the penalties under kansas gas services tariff on march 16th, american packaging corporation or apc filed an application for intervention petition for reconsideration and motion to amend the settlement agreement uh as it affects apc or in the alternative to set this matter for a hearing.

C

Apc only challenges the portion of the march 3rd order, which approved a 37, 531 dollar penalty on apc um staff, curb kansas gas constellation and symmetry all oppose apc's application for intervention.

C

Ksa 77 521 outlines the standards for granting intervention here.

C

This order finds that apc's application intervene fails to meet any of their required prongs of 77 521.

C

Granting apc's intervention at this late date is not in the interest of justice and would impair the orderly and prompt conduct of the proceedings.

C

Allowing apc to intervene at this late date would require other parties to engage in discovery and prepare for a new hearing to address allegations um and if apc eliminates or reduces its penalty, it could call into question whether the settlement for the entire 66 million dollars allocated to marketers and transportation customers is avoidable.

C

Finally, the order finds that intervention is not necessary, as apc has already filed a formal complaint against uh kansas gas over the same penalty. It's it's seeking uh intervention to contest.

C

Therefore, this order denies apc's application intervene um since the application intervene has been denied, uh apc lacks standing to file a petition for reconsideration, uh but for clarity sake. This order also denies the pfr on uh those grounds uh with that I'm open or I'm available for questions.

A

Thank you brian. Let's see if there are any questions. I'll turn. First to commissioner french.

B

No questions, thank you. Brian.

A

Thank you, uh commissioner. Duffy.

B

I have no questions and I move approval of the order, as described second, that motion.

A

Been moving a second, we approve the order in this docket. Is there any further discussion hearing that I'll call the question? All those in favor signify by saying aye, aye aye motion carries the order is approved.

A

The uh second notice item this morning is, as I think, brian alluded to uh somewhat interrelated to the the docket we just considered. This docket is 22 days kg sg, that's 469-com.

A

In the matter of the complaint against kansas gas service company, a division of one gas inc by american packaging corporation before us this morning is an order on prime of facial determination and, once again the presenter is our general counsel, brian fedon brian. Please, yes,.

C

Thank you, commissioners. uh On april 1st american packaging corporation filed a formal complaint against kansas gas, um alleging it complied with the applicable tariffs and thus making the 37 hundred thirty one uh dollar penalty, which we just discussed uh unlawful.

C

uh This order finds that the uh formal complaint meets the procedural requirements of kr82120b and thus shall be served on kgs for an answer within 10 days of service. uh With that, I'm available for questions.

A

Thank you we'll see if we have any questions I'll begin. First with commissioner duffy.

B

I have no questions. Thank you.

A

Thank you, commissioner. French.

B

No questions: I move approval of the described order. I second the motion.

A

Now, moving a second, we approve the order in this docket. Is there any further discussion hearing now.

C

I'll call the question all those.

A

In favor signify by saying aye aye aye motion carries the order is approved. Thank you, brian. Thank you, commissioner. Eistein. Nothing further. That is on the agenda for our consideration this morning, absent anything further from either of you. I would entertain a motion that we adjourn so moved.

B

A

All in favor aye.

B

A

Aye we are adjourned, take care, oh take care.

B