The Kansas Corporation Commission on Nov. 25 approved an order directing parties in docket 24SUNW590SSHO to file a joint status report by Dec. 12 or, if settlement negotiations have not made substantial progress, to file a proposed procedural schedule including a hearing date.

Presenter Brian Fedotin summarized the docket history: “On 03/05/2024, the commission issued a show cause order giving Sundowner 30 days to explain why it should not be required to apply for a certificate. On 05/10/2024, Sundowner filed an application for a certificate and responded to the show cause order acknowledging that it is running a public water utility without a certificate.” He said staff filed a report and recommendation on Oct. 8 that Sundowner transfer the water utility within 90 days through a direct sale or public auction to a qualified operator. He further noted Sunflower’s Nov. 7 response that favored possibly transferring the system to an improvement district and pursuing settlement negotiations.

Fedotin told the commission the order “directs the parties to submit a joint status update by December 12 to inform the commission of the status of the negotiations. If that status update can't identify substantial progress towards a settlement, then by that December 12 date, the parties are directed to submit a proposed procedural schedule, which includes, a date for a hearing.” The commission voted to approve the order as presented.

The order sets a near-term deadline for the parties and signals that, absent settlement progress, the commission expects to set a contested hearing date to resolve the certification and ownership questions.