Kansas regulators deal with controversial energy bill opposed by Oklahoma regulators

 

Jim Zakoura, an Overland Park attorney who represents many retail customers in Kansas Corporation Commission hearings, spoke against Energy's plan to build two natural gas plants in Kansas.

 

A plan by Evergy, the largest utility in Kansas, to build two new natural gas plants that stemmed from a year-old controversial state law similar to bills in the Oklahoma legislature, is drawing opposition before Kansas regulators.

The Kansas Reflector reported industrial and commercial energy users voiced concerns about higher costs as a result of the more than $3 billion in projects proposed by Evergy. The firm announced last fall it proposed two plants in Reno and Sumner counties and a third plant in Missouri. Evergy contended there was a need for the plants because of economic growth.

Evergy was cited Tuesday by Oklahoma Corporation Commissioner Todd Hiett as an example of why Oklahoma should oppose HB2747 and SB998 proposed by Rep. Trey Caldwell, R-Faxon. Hiett said the bills, which would force the commission to promote natural gas for electric-generating projects, raised constitutional questions and would likely increase costs for consumers.

Commissioner Hiett explained the two bills were made into law last in 2024 in Kansas and Evergy immediately proposed $3.4 billion in natural gas plants in Kansas. He complained the law stripped Kansas Corporation Commissioners of some of their constitutional powers to consider costs and rates for consumers.

Oklahoma Corporation Commission Chair Kim David was also critical of the bills and accused supporters of “going around us” to create what she contended were bills that raised constitutional questions. She, Hiett and Commissioner Brian Bingman voted to oppose the two bills.

During a Monday hearing on the first of three days of testimony before the Kansas Corporation Commissioners, an Evergy attorney referred to the legislation that prompted the utility to immediately file its request for the billions of dollars in plants. The attorney said the legislation had nearly unanimous support in the Kansas House and Senate.

“This is a resounding public policy pronouncement by the Kansas Legislature in favor of additions of gas facilities for reliability and the use of pre-determination procedures to establish rate treatment for those additions,” he said, referring to House Bill 2527, reported the Kansas Reflector.

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