Kansas Power & Light Co. v. Kansas Corporation Comm'n

The opinion of the court was delivered by

Herd, J.:

This is an appeal from a district court judgment vacating and remanding an order of the Kansas Corporation Commission (KCC). The KCC order denied a Kansas Power and Light (KP&L) application to construct an electric line extension in northern Riley County, concluding C&W Rural Electric Cooperative Association, Inc., (C&W) should continue to serve the area under the grandfather clause of K.S.A. 66-1,172.

Until recently, the northern area of Fort Riley military reservation was privately owned farmland. C&W held a certificate of authority to serve…