The KCC – Can a 3-Member Utility Commission Honestly Represent 3 Million Kansans


Perceived

protection

by Jennifer Williams

As Evergy is continuing to request increases in rates, is the public aware of how their current budget is being spent? Do they know that the Evergy CEO was compensated over $6.8 MILLION in 2022, Board of Director salaries averaged over $333,000, and stockholders received over $534 MILLION in total dividends paid?

Are they aware that executives are rewarded for implementing the global ESG plan, including Evergy’s adherence to the UN 2030 Agenda for Sustainable Development, or that Evergy spends countless hours and dollars in lobbying and campaign donations?

Has the public read Evergy’s company policies that govern their practices? Most likely not.

Below are 5 areas of concern with Evergy’s current business practices that should make anyone, including Kansas legislators, question if the utility monopoly model is still an appropriate method or if it is becoming a method of forcing the public to pay for failing systems that are making executives and investors rich; while leaving the tab with those struggling just to pursue life, liberty, and happiness. Perhaps it is time for another approach to be explored.

This is part 5 of a 5-part Series to address the major concerns in the following categories that are affecting customer rates and the future of our monopolistic public utility.

Hefty Dividend Payments to Shareholders
ESG & “Renewable” Programs
Executive Salaries
Lobbying & Campaign Contributions
KCC and CURB


KCC and CURB


Supporters of the government-regulated monopoly will tell you that it’s not really a monopoly because the customers have the protection of the Kansas Corporation Commission (KCC) and their “consumer advocate” Citizen’s Utility Ratepayer Board ( CURB.)

The mission of the Kansas Corporation Commission is to serve the people of Kansas by regulating the State’s energy infrastructure, oil and gas production, and commercial trucking to ensure public safety. More about the KCC…

However, the Kansas Corporation Commission (those in charge of voting to approve rate changes) consists of only 3 commissioners, with a required split of 2-1 on party affiliation.

This is by no means accusing anyone of anything nefarious, but how can 3 people properly represent all residents of the entire State of Kansas?

Where is the balance of opinions and the sheer number of votes that is necessary to prevent one or two people from accidentally becoming persuaded or compromised by outside influence, and tipping the scales for the utility companies (or the wishes of the governor who appointed them) and against the people?

The Board would need to have many more participants in order to lessen the possibility of lobbyists, special interests, and bad actors somehow being powerful enough to tip the scales.

Local planning and zoning boards typically have 7-11 members for this very reason. Even the National committees with NARUC, which two of these commissioners serve on, have over 30 members on each committee.

It’s much harder for lobbyists to bribe enough individuals to get a majority on a large committee than it is to compromise a small committee. Again, not making accusations, just discussing risk management.

Who appoints these commissioners and what values do they stand for?
They are governor-appointed and senate approved.

Meet the Commissioners


Chair Susan K. Duffy

Susan profile pic 2019 web

Susan Duffy was appointed to the KCC on March 18, 2019 by Governor Laura Kelly and confirmed by the Kansas Senate on May 3, 2019. She served as Chair from January 16, 2020 to January 14, 2021 and was re-elected Chair on January 17, 2023. Her term expires March 15, 2023.

Duffy is a member of NARUC (National Association of Regulatory Utility Commissioners), serving on the Critical Infrastructure Committee and the Energy Resources and Environment Committee. She also serves as Governor Kelly’s Official Representative for Kansas to the Interstate Oil and Gas Compact Commission (IOGCC). Duffy serves as the Chair for the IOGCC Finance Committee, is a member of the Steering Committee, and the Orphan Well Task Force. In addition, Duffy presently serves as a board member of the FRI (Financial Research Institute).

Prior to coming to the KCC, Duffy served as General Manager for the Topeka Metropolitan Transit Authority for six years. More about Susan K. Duffy…


Commissioner Dwight D. Keen

Keen web

Dwight D. Keen was appointed to the KCC by Governor Jeff Colyer on March 29, 2018 and confirmed by the Kansas Senate on April 7, 2018. He served as Chairman from January 17, 2019, to January 16, 2020 and served as Chair from January 13, 2022 to January 17, 2023. Keen was reappointed to the Commission for a second term by Governor Laura Kelly on March 17, 2022 and confirmed by the Senate on March 23, 2022. His second term expires March 15, 2026.

Keen is a member of NARUC, serving on the Committee on Gas, the Subcommittee on Pipeline Safety, and the Subcommittee on Clean Coal and Carbon Management. He is also a member of the Advisory Council of the New Mexico State University Center for Public Utilities. Keen formerly served as the Official Representative for Kansas to the Interstate Oil and Gas Compact Commission (IOGCC), and also served on its Steering, Finance, and Resolutions Committees. He presently serves as a member of the IOGCC Legal and Regulatory Affairs Committee.

Keen has experience in business, law and government. His prior legal and finance experience includes serving as a securities attorney with the National Association of Securities Dealers, Inc. (presently FINRA) in Washington, D.C.; serving as the Senior Financial Analyst and Counsel to the Director of Corporation Finance for a large money center bank in New York City; and practicing corporate and securities law with two prominent Wichita law firms. More about Dwight D. Keen…


Commissioner Andrew J. French

Andrew J. French

Andrew French was appointed to the KCC on June 12, 2020 by Governor Laura Kelly and approved by the Senate Confirmation Oversight Committee on June 24, 2020. He served as Chairperson from January 14, 2021 to January 13, 2022. His term expires March 15, 2024.

French currently serves as the Kansas representative to the Southwest Power Pool and regularly participates in various SPP stakeholder groups, including the Regional State Committee (RSC). French currently serves as the 2023 RSC President. He is also one of 10 state utility regulators selected to serve on the Joint Federal-State Task Force on Electric Transmission formed in 2021. More about Andrew J. French…


It is concerning that Andrew French has been given so much authority in conflicting roles as a commissioner on the KCC, as a representative to the Southwest Power Pool (SPP), and as a KCC rep who speaks as an “expert” to local county planning commissioners who are looking at regulations as to whether to allow wind and solar. These positions are a conflict and should not be overlapping.

The Southwest Power Pool has an amount of “power” or “authority” over the outcomes of too many things in Kansas. Their monopoly is very evident in the state, and as with many things, “required public hearings” merely become “following proper protocol”, with the outcome already decided before the vote is even taken.

This article is about Evergy, and a whole separate dive into the SPP is out there for another day. But it is important to note that Mr. French’s involvement in both organizations should be illegal.

Any commissioner authorizing rate changes should not have involvement with or influence by any other organization that could possibly influence the direction they vote. Otherwise, as a representative on the SPP, Mr French could use his vote on the KCC to implement the plan from the SPP. Again, not making accusations but merely pointing out valid conflicts of interest and the reason our country was founded on the separation of powers with checks and balances. (similar to the MARC board conflicts already referenced in past articles.)


The State of Kansas and the KCC can claim they strengthened the checks and balances by adding a “citizen voice” with the creation of the Citizen’s Utility Ratepayer Board (CURB). This state agency was formed in 1988 when the KCC chairman perceived the need for a stronger “consumer advocate.”

As you’ll see below in the excerpt from their website, they claim their mission is to “zealously protect the interests of residential and small commercial utility ratepayers before the Kansas Corporation Commission and the Kansas legislature.”

Unfortunately, it appears the members, also appointed by the Governor, all share a common goal of climate change and “renewable” energy.

Kansas is historically a Republican-state with residents who swore they would never participate in or be governed by the Global Climate Agenda. Yet they are continually seeing in all areas of life where they are being choked off from having a choice and being forced into the agenda (like with those awful privacy-violators and health hazard SMART meters that no one could opt out of, among many other things)

Evergy, the KCC, and CURB’s involvement in “sustainable”, “equitable” “ESG” and other socialist talking points clearly show the climate agenda and the attack on petroleum and coal-based products (required to power the “renewable” systems and charge the electric batteries, but no one is supposed to talk about that.)

For the segment of Kansas consumers who continually see the climate agenda for what it is, and the renewable investments for what they cost, it does not appear that the average consumer has any representation at all. Instead, CURB is merely a false sense of representation, especially when all members of all consumer protection boards are appointed by a governor who also implements the climate lie.


As this series comes to a close, I hope the public has been educated and informed on some topics that are transparently out there to explore but that people are too busy to investigate. Life is busy. We have families to raise, and we’ve grown accustomed to just “trusting the experts” and letting them continue on with business as usual.

We can no longer afford the status quo. It is time for a lasting change that benefits all Kansans in all areas of life. For this area, I believe we can lower the costs of public utilities and provide for the people. This is a decision that should be made solely by the legislators representing the people and not the voice of the lobbyists. Sadly, that’s almost impossible with some of the alliances that have been formed between legislators, lobbyists, and leadership.

The people no longer have a voice, and it is time for a change.
The only change possible must come from the Kansas Legislature.
Email your Representatives and Senators today.
Be brief, concise, and polite. They have many emails to read daily, so get to the point – kindly.

  • Explain to them how you do not believe you have representation in this current system
  • Tell about your finances and increased costs of living that cannot afford to pay these outlandish salaries, stock dividends, and infrastructure purchases of political ideology
  • Describe the dangers of these climate-change-leaning boards and the conflicts of the members
  • Give personal anecdotes and how you are personally affected
  • Forbid lobbying and campaign contributions by utility companies and their affiliates
  • Stop the monopoly and give customers ownership of the system they paid for
  • Demand they Get the Global Agenda out of Kansas
  • Tell them to Stop the ESGs
  • Ask for legislation that Forbids the decommissioning of Fossil Fuels
  • Have them explore neighborhood nuclear substations in cities that can forever lower our rates (read the article here from Duke University)
  • Require regulation to limit annual stock dividends
  • Have them limit executive salaries and forbid stock bribes to implement policy
  • Tell them your ideas and concerns

The only voice we have is with the State Representatives and Senators whom we vote for.
Thankfully, they have the authority to make lasting changes in our utility legislation that could benefit all Kansans.

Ask them to act fast before they start to see a decline in the population as residents are forced to leave for states with lower taxes and lower costs of living. It’s already happening.


History of CURB and members bio’s from their website are listed below for additional info.

About Us – History of CURB
Initially, the Chairman of the Kansas Corporation Commission (KCC) established CURB in 1988 when he perceived a need for a stronger consumer advocate. During the 1989 legislative session, House Bill 2454 was passed and signed by the Governor. This bill established CURB as a state agency effective July 1, 1989. House Bill 2454 contained a two-year sunset provision. CURB’s enabling legislation is set forth in K.S.A. 66-1222 et seq. (1989). During the 1991 legislative session, House Bill 2439 was passed by the legislature and signed by the Governor. This bill re-authorized CURB and clarified its funding mechanism and budgeting process. This bill also separated CURB from the KCC for budgetary purposes and made CURB an independent agency.

Mission Statement –
Our mission is to zealously protect the interests of residential and small commercial utility ratepayers before the Kansas Corporation Commission and the Kansas legislature.

Vision Statement
To protect Kansas residential and small commercial utility ratepayers by promoting the delivery of optimal utility services – being safe, reliable and technically robust, environmentally sensible, cost-effective, and equitably provided to all Kansas utility consumers at just prices.

CURB’s Core Values –
* To advocate for reasonable utility rates for residential and small commercial consumers;
* To promote long-term, cost-effective reliability of utility services for residential and small commercial consumers;
* To protect residential and small commercial consumers from utility practices which are not in the public interest;
* To support a reasonable balance of the interests of present residential and small commercial ratepayers with the interests of future residential and small commercial ratepayers;
* To encourage cost-effective measures which result in energy efficiency, technological advancements, and other improvements in the distribution of utility services to residential and small commercial ratepayers; and
* To improve transparency and the accessibility of communication channels between utilities and residential and small commercial ratepayers with respect to utility services and consumer rights.

Meet our Board Members
CURB has a five-member volunteer board that is appointed by the Governor. There is one member from each congressional district with the fifth member serving as an at-large appointee. Each member of the board serves a four-year term.
Mary Treaster, Member, First Congressional District
Leilani Grey, Vice-Chair, Second Congressional District
Rachel Jefferson, Member, Third Congressional District
Dr. Danya Burks, Member, Fourth Congressional District
Carol Barta, Chair, Member at Large

Meet our Staff –
CURB employs a consumer counsel, two supporting attorneys, two technical positions, and two administrative staff.
David W. Nickel, Consumer Counsel
Joseph R. Astrab, Attorney
Todd E. Love, Attorney
Josh Frantz, Senior Regulatory Analyst
Patrick Orr, Regulatory Analyst
Shonda Rabb, Public Service Administrator II
Della Smith, Senior Administrative Specialist
Audrey Benham, Regulatory Accountant
Revised Friday, 16-Jun-2023 21:51:28 UTC
Copyright © Citizens’ Utility Ratepayer Board, 2006

https://curb.kansas.gov/bio_treaster.php

Mary Treaster, Member

Mary Adams Treaster is a retired educator from south-central Kansas.  Mary worked in public schools for over 35 years as an elementary teacher, special education teacher, librarian, building principal and as Superintendent of Schools at USD 310 Fairfield for six years.  After her retirement from USD 310 she served as interim Superintendent of Schools at USD 444 and then as Superintendent of Schools at USD 426 Pike Valley for three years.

After retirement Mary has remained active in the community by serving on a variety of boards including the Climate and Energy Project and the Reno County Food Policy Council.

Mary received her undergraduate degree from Emporia State University and her Master’s degree from Wichita State University.  She was selected by the Kansas Department of Education to participate in Harvard University’s Leadership Institute for Superintendents as part of a state-wide executive leadership project which culminated in the formation of KELI, the Kansas Educational Leadership Institute.

Mary and her husband Mark have two grown children and one grandchild.  They live on Mark’s family farm in rural Reno County.

https://curb.kansas.gov/bio_grey.php

Leilani Grey, Vice-Chair

Leilani Grey (she/her) is the Director of Admissions, Diversity, & Social Responsibility at Topeka Collegiate School.  Prior to that, Leilani spent 3 years working for the Climate + Energy Project.

Leilani is active in her community serving on the City of Topeka’s Sustainability Advisory Board, FORGE Young Professionals board member, Coach/Facilitator for Topeka United MOSAIC Project, and Den Leader for Pack 10 in the Jayhawk Council.  Leilani is also a leader and mentor for the international organization, the Climate Reality Project. She is also a member of the USGBC.

Leilani received her BA in Sustainability and Sustainable Urban Dynamics from the School of Sustainability at Arizona State University.  She, her wife, and their daughter relocated from Arizona to Topeka in 2018. Her two stepchildren still reside in Arizona.

https://curb.kansas.gov/bio_jefferson.php

Rachel Jefferson, Member

Ms. Rachel Jefferson, Executive Director of Groundwork Northeast Revitalization Group (The mission of the Groundwork USA network is to bring about the sustained regeneration, improvement, and management of the physical environment by developing community-based partnerships that empower people, businesses, and organizations to promote environmental, economic, and social well-being). Rachel has served as the Executive Director of Groundwork NRG for six years.

Rachel is a recipient of the 2011 Neighborhood Leadership Award, and is an alumna of Leadership 2000, a leadership development program funded by the Kansas Leadership Center.  Rachel is a graduate of the Healthy Communities Leadership Academy, an initiative created by the Health Forward Foundation.  The academy develops the efficacy of those who advocate for equitable policies to improve the health of the disenfranchised and vulnerable populations in Kansas and Missouri, including the underserved, uninsured, and underinsured.  Rachel was also the 2019 Thrive KCK Community Champion Honoree and the 2019 Yes She Can! Conference Women of Wyandotte Award.

Rachel has served and continues to serve on many boards including the National Sustainable Agriculture Research and Education Review Committee, and the Regional Prevention Center’s Connect the Dottes Community Coalition.  Currently, Rachel is the co-chair of the Community Health Council of Wyandotte County’s Healthy Equity Action Transformation Community Action Board and the chair of Envision Homes.  Additionally, Rachel serves on the Boys and Girls Club Breidenthal Unit Advisory Board, the REACH Healthcare Foundation Community Advisory Committee, the Merc Co+op Board of Directors and the Wyandot Behavioral Health Network Board of Directors.  Rachel is appointed to the Kansas City, Kansas Housing Authority Board of Commissioners.  Rachel is a certified Healthy Homes Trainer and Community Health Worker.

Rachel currently lives and works in Kansas City, Kansas and has come to love and appreciate the neighborhood people that have persevered in the fight to create an equitable Kansas City, Kansas for all.

https://curb.kansas.gov/bio_Barta.php

Carol Barta, Chair

Carol Barta is a retired librarian from Manhattan, Kansas.  Carol worked in school, academic and public libraries and served as the Assistant Director of the North Central Kansas Libraries System for 15 years.

Carol is a founding member of the Flint Hills Renewable Energy and Efficiency Cooperative.  She serves on the boards of the Kansas Permaculture Institute, the UFM Community Learning Center and the Food & Farm Council of Riley County and the City of Manhattan.

Carol received her undergraduate degree from Arizona State University and her Master’s of Library Science degree from Emporia State University.

Carol has three grown children and six grandchildren.  She lives on a small homestead in Riley County.

Dr. Danya Burks, Member, Fourth Congressional District – No information

3 comments

  1. All leftist women on CURB – and not one with any experience in business. That’s going to go well for us!!!!

  2. The Kansas Corporation Commission may regulate but that does not mean they act in the interest of the public. They enable the utilities to do whatever they want. Are you familiar with Atmos’ Winter Event Securitized Cost Rider charge on monthly bills?

Comments are closed.