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Clean Energy is on the Ballot in November

This blog was authored by Nicholai Jost-Epp, CEP’s Summer Clean Energy Intern.

If you’ve been following the Climate + Energy Project’s work on the Kansas Energy Efficiency Investment Act (KEEIA) campaign to make energy efficiency benefits accessible to the Kansans who need it most, you might have noticed a name that keeps reappearing: the Kansas Corporation Commission. 

The Kansas Corporation Commission (KCC) is the state governing body that regulates utility companies in Kansas. This includes Evergy, the electric utility that provides electricity to two-thirds of Kansans. The KCC, like the public utility commissions (PUCs) of other states, were initially set up to ensure utility companies operate in line with public interest.

The KCC makes decisions on where we get our energy from and how much we pay for it.. Whenever a regulated utility company (not rural electric coops or city energy companies) wants to do something – such as raise their rates or build new infrastructure like power plants or transmission lines – they must apply to have it approved by the KCC. This makes the KCC one of the most important governing bodies in the state for setting energy policy, and the Governor, who appoints the three Commissioners on the KCC, sets the tone for how it all unfolds.

The Climate + Energy Project (CEP) has engaged with the KCC in their electric utility cases for over a decade through intervention, as well as by encouraging the KCC to give the public the opportunity to weigh in and organizing public comments and public testimony. “Intervention” is the process by which organizations and the utility company engage in dialogue to try to reach an agreement on the outcome of a case. Being granted intervention status is synonymous with being granted a seat at the table, and ultimately the Governor-appointed Commissioners decide whether to approve, deny, or limit a petitioner’s intervention.

In 2018, the Commissioners, appointed by Governors Sam Brownback and Jeff Colyer, approved Evergy’s (known at this time as Westar Energy) proposal to impose extra monthly fees (known as “grid access fees”) on customers who get some of their energy from rooftop solar panels, claiming these customers were “free-riders” being subsidized by the rest of ratepayers. This was a predictable outcome, as the Commission granted full intervention to a number of large corporations such as Kroger, Tyson Foods, and Walmart, but limited the intervention of the pro-solar CEP, Vote Solar, and Sierra Club, severely hampering the ability of these organizations to advocate against the arbitrary anti-solar regulations.

A year and a half later, the Supreme Court invalidated the Commission’s decision on grid access fees as illegal price discrimination. Evergy came back with another proposal: if not able to recover costs of solar “free riders” with grid access fees, they would be forced to impose a $35 minimum electric bill on all customers, regardless of how much electricity they consumed. Only this time, the KCC was composed of a new set of commissioners appointed by Gov. Laura Kelly– who rejected the proposal as “overly regressive.”

This change in tone demonstrates the importance of the Governor in energy policy outcomes. Under the Kelly-appointed Commission, CEP has been able to advocate as a full intervenor for increased investments in clean energy and equitable energy efficiency programs for Kansas ratepayers in KCC dockets, such as Evergy’s Sustainability Transformation Plan and KEEIA energy efficiency proposal. This is a privilege we have not always had in the past.

The ability of CEP to engage fully with the KCC in this way will be impacted by who is in the Governor’s office. Your vote this November is not just a vote for Governor, but also a vote on whether public interest and clean energy groups can have as much say in our state’s energy future as corporations. It is a vote for procedural justice and affordable clean energy.

Stay Engaged with Kansas Energy Policy!

Interested in doing more? Join the Kansas Climate CORE to encourage climate-specific civic engagement of all kinds. By submitting a public comment or attending the KEEIA hearings, you understand the importance of civic engagement and have already earned CORE points. Unlock your points by becoming a CORE leader today!

Want to learn more about KEEIA and Energy Efficiency in Kansas?

• The Kansas Corporation Commission will issue their decision on Evergy’s Energy Efficiency Filing no later than October 21st. 
  
• Check out our KCC guide to learn more about the Kansas Corporation Commission
  
• Listen to this KCUR segment with CEP’s Beth Pauley explaining Evergy’s KEEIA filing and the importance of engaging with our Kansas Corporation Commissioners.