Objections to KCPL's new info in rate case results in new schedule, longer comment period

April 8, 2009

On March 13, 2009, the Commission granted a joint request by the parties to revise the procedural schedule and continue the evidentiary hearing in the KCPL rate case. The case was scheduled for hearing beginning on March 9, 2009, but the rebuttal testimony filed by KCPL on February 23 resulted in a flurry of motions by CURB, the Hospital Intervenors, and Staff.

The motions filed by CURB and the Hospital Intervenors asked the Commission to strike the company's rebuttal testimony on the grounds that it (1) contained estimated and double-counted costs related to the common costs of Iatan Unit 1 and Iatan Unit 2; (2) constituted improper rebuttal testimony; and (3) constituted a material change to the company's application.

Staff's motion sought to limit the company to its actual costs incurred for Iatan Unit 2 and Iatan common costs, rather than the budgeted costs contained in the company's rebuttal testimony.

The Commission heard oral arguments on the various motions on March 3, 2009, and recessed the hearing until the next day to allow the parties to attempt to negotiate a resolution of the disputed issues.

On March 4, 2009, the parties notified the Com-mission that they had agreed to revise the procedural schedule to allow the company to file additional testimony on updated actual costs for Iatan Unit 1 and Iatan common costs paid or approved through April 30, 2009.

The parties reserved the right to contest the updated costs and the company agreed it would not increase its overall request above the $71.6 million rate increase request contained in the company's original application.

The case is now scheduled for hearing on June 22 through July 2, 2009, with a final Commission order to be issued by August 14, 2009.

Staff and CURB are auditing the updated actual costs of Iatan Unit 1 and Iatan common costs provided by KCPL, and will continue to audit these costs through the April 30 deadline for such costs to be paid or approved to be paid.

CURB specifically negotiated an extended deadline for public comment in the revised procedural schedule.

Written comments from KCPL customers and the public in general may be made through June 16, 2009. Comments should reference Docket No. 09-KCPE-246-RTS and be sent to the Kansas Corporation Commission, Office of Public Affairs and Consumer Protection, 1500 SW Arrowhead Road, Topeka, KS 66604, or you may email comments to the following address: .

KCC Docket No. 09-KCPE-246-RTS