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From YouTube: Business Meeting for Tuesday, December 7, 2021
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A
Good
morning,
everyone
this
is
chair
french,
convening
the
regularly
scheduled
business
meeting
of
the
kansas
corporation
commission
for
this
tuesday
december
7th
joined
by
my
colleagues,
commissioner
duffy
and
commissioner
keane
on
today's
agenda.
We
have
17
consent,
agenda
items
and
four
noticed
items.
So
with
that
we
will
begin
with
our
consent
agenda.
Commissioners,
you've
had
the
opportunity
to
review
all
of
the
proposed
items
on
the
consent
agenda.
Let
me
ask
at
this
time
whether
you
have
any
questions
beginning
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
consent
agenda
is
approved.
We
will
now
move
to
the
first
of
our
four
noticed
items.
This
item
is
in
docket
number
22
sepe
154
con,
and
this
is
a
proposed
order,
adopting
staff's
report
and
recommendation
in
that
docket
and
our
presenter
is
mr
jared
jevins
good
morning
jared.
C
The
special
contract
is
part
of
a
larger
transaction
under
an
asset
purchase
agreement
between
wheatland,
sunflower
and
the
city
of
garden
city
wherein
garden
city
is
purchasing,
345
kv
and
lower
voltage
assets
from
wheatland
thereafter
garden
city
through
kmea
will
only
be
taking
34.5
kv
service
from
wheatland
over
one
circuit.
The
ersic
and
dole
and
doll
circuit
under
the
special
contract.
C
Wheatland
will
provide
garden
city
with
firm
and
reserved
use
of
wheatland's,
bursic
and
dahl
circuit
for
capacity
for
transmission
capacity
of
220
mba
at
a
flat
monthly
reservation
charge
of
ten
thousand
dollars
per
month.
This
flat
monthly
charge
is
paid
in
lieu
of
the
local
access
delivery
service
tariff
local
access
charge.
Kmea
is
paying
on
behalf
of
garden
city
staff,
has
reviewed
the
joint
application
and
pre-filed
direct
testimony
and
supplemental
testimony
from
two
witnesses
and
recommends
approval
of
the
special
contract
and
amendments
to
the
service
agreements
under
the
sunflower
oat.
C
A
A
D
A
E
Good
morning,
commissioners,
the
penalty
order
before
you
is
the
result
of
an
investigation
of
eagle's
trucking
llc,
a
common
carrier
that
hauls
freight
and
manure
operating
out
of
lake
in
kansas.
The
investigation
took
place
as
a
result
of
a
complaint
that
the
carrier
was
hauling
placardable
amounts
of
hazardous
materials
without
complying
with
regulations
and
using
a
driver
for
those
trips
that
was
under
the
age
of
18
and
didn't
possess
a
cdl
or
any
license.
E
E
Similar
violations
to
that
staff
believes
the
five
thousand
two
hundred
dollars
in
penalties
is
the
proper
course
of
action
to
ensure
the
compliance
with
the
applicable
motor
carrier,
rules
and
regulations,
and
with
that
staff
recommends
approval
of
this
order.
I
and
staff
are
available
to
answer
any
questions
you
have.
A
F
No
questions.
Thank
you.
I
do
have
a
comment
once
again.
These
violations
are
incredibly
serious,
there's
kind
of
an
element
of
recidivism,
that's
really
quite
troubling.
The
our
staff
is
just
really
again
to
be
commended
for
their
diligence
in
investigating
this
matter
and
bringing
it
both
before
the
commission.
F
The
risk
to
public
safety
by
these
sorts
of
violations
is
just
incredibly
high,
and
the
public
safety
component
is
a
major
aspect,
certainly
what
it
is
that
we
do
in
virtually
all
of
our
divisions,
but
especially
so
because
of
the
frequency
of
public
contact
within
transportation.
So
I
would
commend
our
our
staff
across
the
board,
especially
the
field
staff,
for
all
the
work
they
put
in
in
developing
this
particular
order,
and
I
intend
to
support
it.
B
E
So
a
a
large
number
of
our
penalty,
our
compliance
reviews
are
a
result
of
complaints.
In
this
case
they
come
from
either.
You
know
us
our
fellow
agencies,
like
the
department
of
revenue
or
other
other
agencies.
We
have
through
law
enforcement
or
through
tips
from
people
involved,
or
you
know
competitors,
and
so
we
try
to
investigate
those
when,
when
they
rest
a
certain
level,
I
think
gary
can
expand
on
that.
If
he
has
here
mike.
G
Yeah,
let
me
take
a
shot
at
this.
I
think
this
just
a
result,
commissioner.
Duffy
of
our
great
working
relationship
with
highway
patrol
this
is
a
complaint
from
them
and
when
they
notice
things
like
this
or
roadside
we're,
we
get
the
complaint
to
investigate
and
follow
up
on,
and
this
is
a
result
of
what
happened
here.
B
G
Absolutely
they
just
have
to
look
on
our
website
links
up
the
department
of
revenues
and
they
have
to
look
for
a
full
service
station
and
they
can
choose
one
near
them.
In
most
cases,
they
they
do
not
have
to
travel
very
far.
Okay,
all
right
and
it's
my
understanding.
This
driver
didn't
have
a
license
at
all.
G
B
D
B
A
D
A
E
E
The
investigation
also
took
place
as
a
result
of
a
complaint
this
time
from
the
kansas
department
of
revenue
who
had
suspended
the
carrier's
account
for
failure
to
complete
the
portion
registrations
on
their
vehicles.
They
were
suspected
of
operating
without
registrations
for
their
vehicles
or
with
falsified
registration.
E
During
this
investigation,
special
investigator
greg
askren
made
a
number
of
attempts
to
conduct
a
compliance
review,
but
was
rebuffed
after
giving
the
carrier
10
days
to
submit
to
compliance
review.
Staff
have
worked
with
to
have
the
commission
issue
in
order
suspending
the
authority
of
the
carrier
to
operate
on
august
3rd.
E
E
The
violations
resulted
from
failures
of
its
driver
to
maintain
qualification
files,
maintenance
records
and
timekeeping
records,
and
the
two
largest
fines
included
were
a
two
thousand
dollar
fine
for
continuing
to
operate.
While
under
a
kcc
out
of
service
order
and
a
500
fine
for
operating
prior
to
obtaining
the
commission
authority
to
operate,
staff
believes
that
the
five
thousand
dollars
in
penalties
is
the
proper
course
of
action
to
ensure
compliance
and
the
carrier.
E
F
Question
in
a
comment,
I'll
start
with
a
question
thanks
for
your
overview
of
this
case.
It's
I
know
this
is
almost
a
poster
child
for
recidivism.
This
is
operating
notwithstanding
out
of
service
requirement.
It's
it's
just
incredible
to
me.
What
is
the
can
you
put
a
little
finer
point
on
what
is
the
the
current
status
of
the
operator?
I
realize
that
that
that
they
have
ceased
operations
that
I
understand
it,
but
what?
E
Ceased
operations
and
art
investigators
working
with
the
carrier
to
to
facilitate
what
the
what's
disposal
of
its
current
the
vehicles
we
have
impound.
I
think
some
of
them
have
been
sold
and
they
have
been
sold
to
separate
carriers
who
have
completed
affidavits
with
the
kcc
that
they're
not
going
to
be
allowed
they're
not
going
to
use
these
vehicles
for
dak
trekking's
operations.
F
Okay,
very
good,
thank
you
now
for
a
very
brief
comment
again
commending
our
field
staff
here
beyond
that.
Actually
we'll
start
with
special
investor
and
investigator
greg
asprin
by
the
his
diligence
here
and
trying
to
track
down
the
vehicles
and,
by
my
count
I
was
up
to
three
counties
and
what
you
were,
what
you
were
describing
there
spread
across
the
landscape
of
the
state
from
east
to
western
kansas.
B
A
D
A
D
Morning,
thank
you
before
you,
as
a
penalty
order
for
somerset
energy
enterprises
llc
for
failure
to
conduct
current
and
successful
mechanical
integrity
tests
at
seven
wells
in
franklin
county.
This
order
assesses
a
one
thousand
dollar
penalty
per
well
for
a
total
of
seven
thousand
dollars
with
that,
I
would
recommend
approval
of
the
order
and
I'm
available
for
any
questions.
A
F
No,
no,
no,
no
questions.
I
do
have
a
very
brief
comment.
Once
again,
this
these
operations
arise
out
of
franklin
county,
which
is
in
our
district
office
number
three:
the
wall
counts
in
district
3
are
higher
than
the
accounts
in
the
other
other
counties,
for
historical
reasons
and
obvious
reasons,
and
I
commend
all
of
the
field
staff
that
we
have
in
that
area.
They
conduct
a
lot
of
these
mits
on
a
day
in
day
out
basis
throughout
the
year,
and
I
I
commend
them
for
those
efforts.
A
A
B
Thank
you.
I
just
wanted
to
inform
the
commission
that
iogcc
and
its
members
met
this
last
week
with
representatives
from
the
department
of
interior,
as
we
continue
to
craft
the
basis
for
which
states
will
receive
federal
funding
to
plug
orphan
and
abandon
wells
through
the
infrastructure
act.
That
was
recently
passed,
and
I
I
will
commend
the
department
of
interior
for
really
listening
to
what
the
states
have
to
say,
so
that
this
program
has
the
best
possible
chance
to
succeed
and
though
all
the
states
participating
have
abandoned
wells.
B
B
His
service
in
the
marines
changed
him
individually,
but
it
changed
everybody
in
this
country
collectively
and
the
camaraderie
that
he
felt
with
all
of
our
friends
dads
who
had
served
in
the
air
force
the
army,
whatever
it
was.
We
knew
that
as
kids,
I
mean
we
could
sense
it.
We
could
feel
it,
and
so
I
just
want
to
make
a
shout
out
that
there
are
still
members
who
of
the
armed
forces
who
were
actually
there.