Title XXIV, Public Utilities

regulation -- Regulation of transportation, distribution, or delivery of natural gas used as a motor vehicle fuel. (1) Notwithstanding any other provisions of this chapter, the rates, terms, and conditions of service for the sale of natural gas to a compressed natural gas fuel st…

produced from coal through gasification process. If a gas distribution utility as defined in KRS 278.010(3)(b) enters into a twenty (20) year supply contract with any person for pipeline quality synthetic natural gas produced from coal through a gasification process, the commissi…

programs. Notwithstanding any other provision of law to the contrary, upon application by a regulated utility, the commission may allow recovery of costs for investment in natural gas pipeline replacement programs which are not recovered in the existing rates of a regulated utili…

from regulation. (1) The legislature finds and determines that: (a) Competition and innovation have become commonplace in the provision of certain telecommunications services in Kentucky and the United States; (b) Flexibility in the regulation of the rates of providers of telecom…

telecommunications services. (1) Revenues derived from nonexempted, regulated telecommunications services, whether essential or nonessential, shall not be used to subsidize or otherwise give advantage to any person providing an exempted service. The commission shall require a pro…

-- Definitions -- Procedures -- Withdrawal. (1) The legislature finds and determines that: (a) Small telephone utilities lack the resources to fully participate in the existing regulatory processes, particularly under traditional rate of return and certificate of public convenien…

Telephone companies operating exchanges in different cities shall receive and transmit each other's messages without unreasonable delay or discrimination. The telephone exchange receiving any message from the exchange in which the message originated, and each other connecting exc…

(1) Whenever any telephone company desires to connect its exchange or lines with the exchange or lines of another telephone company and the latter refuses to permit this to be done upon reasonable terms, rates and conditions, the company desiring the connection may proceed as pro…

regulations. (1) As used in this section: (a) "Telecommunications provider" or "provider" means a person that provides one (1) or more telecommunications services for compensation, and its successors in interest by way of acquisition or merger, and includes a provider of regulate…

Condemnation. (1) Any telephone company or telegraph company authorized to do business in this state shall, upon making just compensation, have the right to construct, maintain and operate its lines through any public lands of this state and on, across and along any public road, …

In addition to the definitions set forth in KRS 278.010 and 278.516(2), the following definitions shall apply to KRS 278.541 to 278.544: (1) "Basic local exchange service" means a retail telecommunications service consisting of a primary, single, voice-grade line provided to the …

telephone utilities required. (1) Nothing in KRS 278.541 to 278.544 shall affect the commission's jurisdiction with respect to: (a) Any agreement or arrangement between or among ILECs; (b) Any agreement or arrangement between or among ILECs and other local exchange carriers; (c) …

Jurisdiction of commission -- Exemptions -- Withdrawal from regulation under KRS 278.541 to 278.544. Any telephone utility, at its discretion and without commission approval, may elect to adopt the price regulation plan set forth below. (1) An election under this section shall be…

actions -- Jurisdiction of commission -- Exemptions. (1) Notwithstanding any other provision of law, a telephone utility operating under a price regulation plan pursuant to KRS 278.543 may, at any time after the expiration of the applicable rate cap period set forth in that secti…

The following provisions of this section shall apply and be enforced equally to all telephone utilities, unless otherwise specifically stated in this section. (1) Telephone utilities may file with the commission schedules or tariffs reflecting the rates, terms, and conditions for…

Whereas, the General Assembly finds and determines that: (1) State-of-the-art telecommunications is an essential element to the Commonwealth's initiatives to improve the lives of Kentucky citizens, to create investment, jobs, economic growth, and to support the Kentucky Innovatio…

In addition to the definitions in KRS 278.010 and 278.516(2), for KRS 278.546 to 278.5462, "local exchange carrier" means any company certified by the commission to provide local exchange telecommunications service in the Commonwealth on or before June 30, 1995. Effective:April 1…

interconnection agreements, telecommunications carriers, and cellular towers. (1) The provision of commercial mobile radio services shall be market-based and not subject to Public Service Commission regulation. Notwithstanding any other provision of law to the contrary, except as…

requirements of federal statutes and regulations -- Consumer complaints -- Telephone utility provision of service to competing local exchange. (1) The provision of broadband services shall be market-based and not subject to state administrative regulation. Notwithstanding any oth…

households and businesses -- Facilitation by distribution cooperative. (1) The General Assembly recognizes and declares: (a) The provision of broadband service to residential, commercial, and industrial customers is critical to securing a sound economy and promoting the general w…

As used in KRS 278.547 to 278.5499, unless the context requires otherwise: (1) "Specialized telecommunications equipment" means devices such as, but not limited to telecommunications devices for the deaf, amplified phones, loud ringers, visual alert signalers, tactile signalers, …

The commission shall establish a program to make telecommunications relay services available not later than October 1, 1991, and shall make interstate telecommunications relay services available no later than July 1, 1992. The telecommunications relay service, whether intrastate …

Users of a telecommunications relay service shall pay rates no greater than the rates paid for functionally equivalent voice communication services provided without a telecommunications relay. The commission shall determine the appropriate funding mechanism for the telecommunicat…

(1) The Public Service Commission shall determine the appropriate funding mechanism for the Telecommunications Access Program established pursuant to KRS 163.525. The funding mechanism shall be designed to collect reasonably necessary funds, not to exceed two cents ($0.02) per ac…

As used in this section and KRS 278.610, unless the context requires otherwise: (1) "Certify" means to issue a certificate of public convenience and necessity under KRS 278.020; (2) "High-level nuclear wastes" means the aqueous wastes resulting from the operation of the first cyc…

(1) The Public Service Commission may certify a nuclear power facility if it finds that the facility and plan for storage of the facility's high-level nuclear waste have been approved by the Nuclear Regulatory Commission. (2) The commission shall have the authority to hire a cons…

licenses -- Definitions for section. (1) As used in this section: (a) "Combined operating license" means a license issued by the United States Nuclear Regulatory Commission pursuant to 10 C.F.R. sec. 52.71 et seq., that enables its holder to construct and operate a nuclear power …

the jurisdiction of a planning commission -- Hearing -- Building permit fee. If an applicant proposes construction of an antenna tower for cellular telecommunications services or personal communications services which is to be located in an area outside the jurisdiction of a plan…

constructed outside the jurisdiction of a planning commission. (1) The commission shall, by administrative regulation promulgated in accordance with KRS Chapter 13A, establish the minimum content of an application for a certificate of convenience and necessity to construct cellul…

In addition to the definitions in KRS 278.010, except KRS 278.010(3)(a), which shall apply unless they conflict with or the context otherwise requires, as used in KRS 278.670 to 278.696 and 65.114: (1) "Ancillary agreement" means a bond, insurance policy, letter of credit, reserv…

Deadline. (1) An electric utility may apply to the commission for a financing order to finance extraordinary or other deferred costs from previous events for regulatory assets existing and with a value calculated on June 30, 2023, as: (a) Greater than two hundred million dollars …

consultants -- Issuance advice letter. (1) Proceedings on an application submitted pursuant to KRS 278.672 shall begin with the filing of an application by an electric utility and shall be disposed of in accordance with the requirements of this section and the rules and administr…

property. (1) A financing order issued by the commission, after a hearing, to an electric utility shall include: (a) The amount of securitized costs to be financed using securitized bonds and a finding that recovery of those costs is fair, just, and reasonable and in the public i…

bonds -- Semiannual monthly surcharge update -- Adjustments -- Commission review -- Irrevocability of finance order. (1) Upon the commission issuing a financing order and after the securitized bonds have been issued, the electric utility shall file with the commission a: (a) Tari…

order -- Limits on commission -- Discretion of electric utility. (1) Subsequent to the issuance advice letter, and unless an earlier date is specified in the financing order, the electric utility may proceed with the issuance of the securitized bonds unless, prior to noon on the …

(1) If the commission has approved an electric utility's financing order and securitization bonds are issued on the electric utility's behalf, the electric utility shall: (a) Explicitly state on the customer's bill the portion of securitized surcharges applicable to the rate clas…

Default and sequestration -- Rights of successor to electric utility. (1) All securitized property that is specified in a financing order constitutes an existing, present, intangible property right or interest therein, notwithstanding the fact that the imposition and collection o…

Filing of financing statement with Secretary of State -- Priority of securitized interest -- Exercise of rights and remedies upon default. (1) The creation, perfection, priority, and enforcement of any security interest or lien in securitized property to secure the repayment of t…

income tax law to transaction -- Conditions for enforceability. (1) Any sale, assignment, or other transfer of securitized property shall be an absolute transfer and true sale of, and not a pledge of or secured transaction relating to the seller's right, title, and interest in, t…

interests. (1) The priority of transfer perfected under KRS 278.686, 278.688, 278.690, and 278.692 shall not be impaired by any later modification of the financing order or securitized property or by the commingling of funds arising from securitized property with other funds. Any…

security interest by filing of financing statement. (1) The Secretary of State shall maintain any financing statement filed to perfect a sale or other transfer of securitized property and any security interest in securitized property under KRS 278.670 to 278.696 and 65.114 in the…

(1) The laws of the Commonwealth shall govern the validity, enforceability, attachment, perfection, priority, and exercise of remedies with respect to the transfer of an interest or right or the pledge or creation of a security interest in any securitized property. (2) Neither th…

service -- Application of KRS 278.670 to 278.696 and 65.114 -- Severance. (1) An assignee or financing party shall not be deemed an electric utility or person providing electric service by virtue of engaging in the transactions described in KRS 278.670 to 278.696 and 65.114. (2) …

As used in KRS 278.700 to 278.716, unless the context requires otherwise: (1) "Board" means the Kentucky State Board on Electric Generation and Transmission Siting created in KRS 278.702; (2) "Merchant electric generating facility" means, except for a qualifying facility as defin…

(1) There is hereby established the Kentucky State Board on Electric Generation and Transmission Siting. The board shall be composed of nine (9) members as follows: (a) The five (5) members of the Kentucky Public Service Commission; (b) The secretary of the Energy and Environment…

of exhaust stack -- Decommissioning and setback requirements -- Public meeting concerning property acquisition -- Exception. (1) No person shall commence to construct a merchant electric generating facility until that person has applied for and obtained a construction certificate…