New bill could allow Kansas Corporation Commission to be exempt from open meetings law

WICHITA, Kan. (KWCH) – A new bill could allow the Kansas Corporation Commission to be exempt from the Kansas Open Meetings Act. Supporters of the bill say this will make the KCC more efficient but opponents are worried it will set a dangerous precedent for making government less transparent.

When state regulators vote on utility rate increases or other changes, those decisions are made during public meetings. But the proposed bill could exempt the KCC from the state’s open meeting law.

“Anytime a couple commissioners want to get together, there’s only three of them, so you get two of them together, you’ve suddenly got a quorum going on there and they can’t even get together to discuss basic information,” said Rep. Leo Delperdang, R-Wichita.

The bill would remove open meeting requirements for docketed proceedings and prohibit communication between the KCC and outside parties during those proceedings.

How the KCC discusses the docketed items could change but things like public hearings would remain the same and continue to be open to the public.

“The only thing that would be closed off to the public would be the decision-making process by which the KCC would determine, based upon the evidence, based upon the application of the law, what their decision should be,” said David Nickel with the Citizens’ Utility Ratepayer Board.

Max Kautsch with the Kansas Coalition for Open Government is among those against the bill, arguing that it sets a bad precedent and could lead to transparency concerns for utility customers.

“Certainly a law like this would have a negative impact on the public’s ability to know and their right to know and their right to be an informed electorate when it comes to things that public agencies are doing, including the KCC,” Kautsch said.

If the proposed bill becomes law, the KCC would still have to report to the public any decisions made behind closed doors.

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