Title XXIV, Public Utilities
7 chapters · 385 sections in this title.
KRS § 278.2213 Separate recordkeeping for utility and affiliate -- Prohibited business practices -- Confidentiality of information -- Notice of service available from competitor
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practices -- Confidentiality of information -- Notice of service available from competitor. The provisions of this section shall govern a public utility company's activities related to the sharing of information, databases, and resources between its employees or an affiliate invo…
KRS § 278.2215 Exemptions
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The provisions of KRS 278.2201 to 278.2213 and KRS 278.2215 and 278.2219 shall not apply to telecommunications utilities, telecommunications services, nonprofit water or sewer utilities, or water districts.
KRS § 278.2219 Waiver or deviation from requirements of KRS 278.2201 to 278.2213
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(1) Notwithstanding any provisions in KRS 278.2201 to the contrary, a utility may apply to the commission for a waiver or deviation from any or all provisions of KRS 278.2201 to 278.2213. (2) The utility's application to the commission shall: (a) Demonstrate the basis of the util…
KRS § 278.225 Time limitation on billing -- Liability for unbilled service
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All service supplied by a utility shall be billed within two (2) years of the service. No customer shall be liable for unbilled service after two (2) years from the date of the service, unless the customer obtained the service through fraud, theft, or deception.
KRS § 278.230 Access to property, books and records of utilities -- Reports and information may be required
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information may be required. (1) The commissioners and the officers and employees of the commission may, during all reasonable hours, enter upon the premises of any utility subject to its jurisdiction for the purpose of examining any books or records, or for making any examinatio…
KRS § 278.240 Certified copies of commission's records -- Use as evidence
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Copies of official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner, or by the executive director under the seal of the commission, to be true copies of the originals, shall be evidence in like manner as the ori…
KRS § 278.250 Investigation of condition of utility
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Whenever it is necessary in the performance of its duties, the commission may investigate and examine the condition of any utility subject to its jurisdiction. In conducting such investigation, the commission may proceed with or without a hearing as it deems best, but shall make …
KRS § 278.255 Periodic management and operation audits
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(1) The commission shall provide for periodic management and operation audits of each utility with annual intra-Kentucky assessable revenue as of December 31, 1983, under KRS 278.150(1) not less than one hundred million dollars ($100,000,000) to investigate management effectivene…
KRS § 278.260 Jurisdiction over complaints as to rates or service -- Investigations -- Hearing
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Hearing. (1) The commission shall have original jurisdiction over complaints as to rates or service of any utility, and upon a complaint in writing made against any utility by any person that any rate in which the complainant is directly interested is unreasonable or unjustly dis…
KRS § 278.262 Definitions for KRS 278.262 and 278.264
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As used in this section and KRS 278.264: (1) "Electric generating unit" means one (1) or more fossil fuel-fired combustion or steam generating sources used for generating electricity that deliver all or part of their power to the electric power grid for sale; (2) "Reliability" me…
KRS § 278.264 Commission approval or denial of retirement of electric generating unit -- Rebuttable presumption against retiring fossil fuel-fired generating unit -- Evidence of costs -- Report -- Definitions for section -- Recovery of costs to utility related to decommissioning, removal and salvage, and depreciation allowed
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Rebuttable presumption against retiring fossil fuel-fired generating unit -- Evidence of costs -- Report -- Definitions for section -- Recovery of costs to utility related to decommissioning, removal and salvage, and depreciation allowed. (1) Notwithstanding any provision of law …
KRS § 278.270 Orders by commission as to rates
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Whenever the commission, upon its own motion or upon complaint as provided in KRS 278.260, and after a hearing had upon reasonable notice, finds that any rate is unjust, unreasonable, insufficient, unjustly discriminatory or otherwise in violation of any of the provisions of this…
KRS § 278.271 Allowable recovery of costs not recovered in existing utility rates -- Conditions -- Duration of cost recovery
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Conditions -- Duration of cost recovery. Notwithstanding any provision of law to the contrary, upon application by a regulated utility, the commission may allow recovery of costs which are not recovered in the existing rates of the utility for the purchase of electric power from …
KRS § 278.272 Consideration of natural gas purchasing transactions in determining just and reasonable rates -- Limitation of authorized rate of return for natural gas operations
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and reasonable rates -- Limitation of authorized rate of return for natural gas operations. In determining just and reasonable rates, the commission shall investigate and review natural gas purchasing transactions of a utility, whose rates for retail sales of natural gas are regu…
KRS § 278.274 Review of natural gas utility's purchasing practices in determining reasonableness of proposed rates -- Reduction of rates by commission
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reasonableness of proposed rates -- Reduction of rates by commission. (1) In determining whether proposed natural gas utility rates are just and reasonable, the commission shall review the utility's gas purchasing practices. The commission may disallow any costs or rates which ar…
KRS § 278.277 Fuel adjustment cost recovery extension -- Any coal severance taxes imposed a factor in any fuel adjustment clause review
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imposed a factor in any fuel adjustment clause review. (1) In the administration of an electric utility's fuel adjustment clause and any associated tariffs, the commission may, upon the request of an electric utility, extend the period for recovery of fuel adjustment costs that a…
KRS § 278.280 Orders by commission as to service -- Extension of service
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(1) Whenever the commission, upon its own motion or upon complaint as provided in KRS 278.260, and after a hearing had upon reasonable notice, finds that the rules, regulations, practices, equipment, appliances, facilities or service of any utility subject to its jurisdiction, or…
KRS § 278.285 Demand-side management plans -- Review and approval of proposed plans and mechanisms -- Assignment of costs -- Home energy assistance programs
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and mechanisms -- Assignment of costs -- Home energy assistance programs. (1) The commission may determine the reasonableness of demand-side management plans proposed by any utility under its jurisdiction. Factors to be considered in this determination include, but are not limite…
KRS § 278.287 Voluntary energy cost assistance fund -- Customer contributions -- Time of and eligibility for disbursements -- Biennial reports -- Administration costs
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and eligibility for disbursements -- Biennial reports -- Administration costs. (1) As used in this section: (a) "Voluntary energy cost assistance fund" means a fund that shall: 1. Be administered by a utility or provider for the purpose of receiving voluntary contributions from c…
KRS § 278.290 Valuation of utility property in connection with rates, service or issuance of securities -- Unit rate base
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of securities -- Unit rate base. (1) Subject to the provisions of subsection (2) of this section, the commission may ascertain and fix the value of the whole or any part of the property of any utility in so far as the value is material to the exercise of the jurisdiction of the c…
KRS § 278.295 Determination of value of acquired water and sewer system assets for ratemaking purposes
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ratemaking purposes. (1) As used in this section: (a) "Accumulated depreciation" means the total amount of depreciation of an asset as calculated by the use of generally accepted accounting principles; (b) "Asset acquisition price" means full and actual costs of a water or sewer …
KRS § 278.300 Issuance or assumption of securities by utilities
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(1) No utility shall issue any securities or evidences of indebtedness, or assume any obligation or liability in respect to the securities or evidences of indebtedness of any other person until it has been authorized so to do by order of the commission. (2) Application for author…
KRS § 278.310 Rules for hearings and investigations
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All hearings and investigations before the commission or any commissioner shall be governed by rules adopted by the commission, and in the conduct thereof neither the commission nor the commissioner shall be bound by the technical rules of legal evidence.
KRS § 278.320 Process
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The commission and each of the commissioners may issue subpoenas, subpoenas duces tecum, and all necessary process in proceedings brought before or initiated by the commission, and such process shall extend to all parts of the state. Service of process in all proceedings brought …
KRS § 278.330 Witnesses
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The commission and each of the commissioners, for the purposes mentioned in the preceding sections of this chapter, may administer oaths, examine witnesses, and certify official acts. If any person fails to comply with any lawful order of the commission or of any commissioner, or…
KRS § 278.340 Depositions
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The commission itself may take depositions, or grant deposition rights at its discretion to any party in a proceeding before the commission. Depositions in commission proceedings shall be taken in accordance with the Rules of Civil Procedure.
KRS § 278.350 Incriminating evidence -- Immunity of witnesses
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No person shall be excused from testifying or from producing any book, paper or account at any inquiry by, or hearing before, the commission or any commissioner, upon the ground that the testimony or the book, paper or account required of him may tend to incriminate him or subjec…
KRS § 278.360 Record of contested proceedings on formal hearing
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A full and complete record shall be kept of all contested proceedings had before the commission or any commissioner on any formal hearing and may, at the commission's discretion, be made in videotape or other format in accordance with the Kentucky Rules of Civil Procedure. A sten…
KRS § 278.370 Recording of order, finding, authorization or certificate -- How proved to be in effect
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be in effect. Every order, finding, authorization or certificate issued or approved by the commission under any of the preceding provisions of this chapter shall be in writing and shall be entered on the records of the commission. A certificate under the seal of the commission th…
KRS § 278.380 Delivery of orders by electronic transmission or mail
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The commission shall deliver a certified copy of any order issued by it to each party to the proceeding in which the order was made, and to an officer or agent of the utility affected thereby. Notwithstanding any statute to the contrary, the commission may deliver its orders by m…
KRS § 278.390 Enforcement of orders
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The commission may compel obedience to its lawful orders by mandamus, injunction or other proper proceedings in the Franklin Circuit Court or any other court of competent jurisdiction, and such proceedings shall have priority over all pending cases. Every order entered by the com…
KRS § 278.400 Rehearing
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After a determination has been made by the commission in any hearing, any party to the proceedings may, within twenty (20) days after the service of the order, apply for a hearing with respect to any of the matters determined. Service of a commission order is complete three (3) d…
KRS § 278.410 Action to review order of commission -- Institution -- Answer -- Injunction
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(1) Any party to a commission proceeding or any utility affected by an order of the commission may, within thirty (30) days after service of the order, or within twenty (20) days after its application for rehearing has been denied by failure of the commission to act, or within tw…
KRS § 278.420 Designation and filing of record -- Cost
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(1) In any action filed against the commission because of its order in a proceeding before it, the commission shall file a certified copy of the designated record and evidence with the court in which the action is pending. (2) Unless an agreed statement of the record is filed wit…
KRS § 278.430 Burden of proof
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In all trials, actions or proceedings arising under the preceding provisions of this chapter or growing out of the commission's exercise of the authority or powers granted to it, the party seeking to set aside any determination, requirement, direction or order of the commission s…
KRS § 278.440 Evidence to be heard by court -- Remand
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Any action brought under KRS 278.410 shall be heard and decided by the court upon the evidence submitted to the commission as shown by the record, and no other evidence shall be received. If any party satisfies the court that evidence has been discovered since the hearing before …
KRS § 278.450 Judgment of Circuit Court -- Appeal to Court of Appeals
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Upon final submission of any action brought under KRS 278.410, the Circuit Court shall enter a judgment either sustaining the order of the commission or setting it aside or vacating it in whole or in part, or modifying it, or remanding it to the commission with instructions. Any …
KRS § 278.455 Reduction of operating expenses by G&T or distribution cooperative -- Effect on rates -- Authority for administrative regulations
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Effect on rates -- Authority for administrative regulations. (1) Notwithstanding any other statute to the contrary, a G&T or distribution cooperative may at any time decrease regulated operating revenues by an amount to be determined solely by the cooperative utility. If the reve…
KRS § 278.457 Commission's duty to transmit information concerning abandonment of railroad corridor to Department of Parks and Railtrail Development Office
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railroad corridor to Department of Parks and Railtrail Development Office. The Public Service Commission shall immediately transmit to the Department of Parks and to the Commonwealth's Railtrail Development Office in the Department for Local Government any information received fr…
KRS § 278.460 Utilities to pay interest on deposits required of patrons -- Commission to calculate interest rate annually -- Interest rates for water districts and water associations -- Administrative regulations
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calculate interest rate annually -- Interest rates for water districts and water associations -- Administrative regulations. (1) Except as provided in subsection (2) of this section, a utility, including an electric cooperative organized under KRS Chapter 279, shall pay interest …
KRS § 278.465 Definitions for KRS 278.465 to 278.468
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As used in KRS 278.465 to 278.468: (1) "Eligible customer-generator" means a customer of a retail electric supplier who owns and operates an electric generating facility that is located on the customer's premises, for the primary purpose of supplying all or part of the customer's…
KRS § 278.466 Availability of net metering -- Type, expense, and installation of meter -- Compensation to eligible customer-generators for electricity fed back into grid -- Commission to set compensation rate -- Excess generation credits nonrefundable -- Twenty-five year cap on preexisting net metering tariff provisions -- Safety and power quality standards -- Transferability of installation at same premises
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Compensation to eligible customer-generators for electricity fed back into grid -- Commission to set compensation rate -- Excess generation credits nonrefundable -- Twenty-five year cap on preexisting net metering tariff provisions -- Safety and power quality standards -- Transfe…
KRS § 278.467 Jurisdiction over disputes -- Guidelines -- Forms -- Posting on Web site
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(1) The commission shall have original jurisdiction over any dispute between a retail electric supplier and an eligible customer-generator, regarding net metering rates, service, standards, performance of contracts, and testing of net meters. (2) No later than one hundred eighty …
KRS § 278.468 KRS 278.465 to 278.468 not applicable to certain United States agencies or instrumentalities
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instrumentalities. Nothing in KRS 278.465 to 278.468 shall apply to a United States corporate agency or instrumentality of the United States government, or a distributor of electric power primarily supplied by such a corporate agency or instrumentality of the United States govern…
KRS § 278.470 Companies transporting oil or gas by pipeline are common carriers
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Every company receiving, transporting or delivering a supply of oil or natural gas for public consumption is declared to be a common carrier, and the receipt, transportation and delivery of natural gas into, through and from a pipeline operated by any such company is declared to …
KRS § 278.480 Pipeline companies may deliver oil or gas on order of person in possession
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Any common carrier of crude petroleum or gas by pipeline may accept for transportation any oil or gas offered to it for that purpose by a person in possession, and shall redeliver it upon the order of the consignor unless prevented by order of a court of competent jurisdiction, a…
KRS § 278.485 Gas pipeline company to furnish gas -- When -- Rates -- Duty of person applying for gas service and gas pipeline company -- Abandonment of gas wells -- Discontinuance of service -- Right to tap a gathering line
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applying for gas service and gas pipeline company -- Abandonment of gas wells -- Discontinuance of service -- Right to tap a gathering line. Every gas pipeline company obtaining gas from producing wells located within this state, upon the request of the owner of the property on o…
KRS § 278.490 Transportation of oil or gas received from connecting lines
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Each company engaged in the receipt, transportation or delivery of oil or natural gas for public consumption shall at all reasonable times receive, for transportation and delivery, from such pipes as may be connected up with any main or tributary line, all oil or gas that may be …
KRS § 278.495 Authority to regulate safety aspects of natural gas facilities
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(1) As used in this section: (a) "Carbon dioxide transmission pipeline" means the in-state portion of a pipeline, including appurtenant facilities, property rights, and easements, that is used exclusively for the purpose of transporting carbon dioxide to a point of sale, storage,…
KRS § 278.502 Condemnation for pipelines and related facilities, including rights of ingress and egress
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ingress and egress. Any corporation or partnership organized for the purpose of, and any individual engaged in or proposing to engage in, constructing, maintaining, or operating oil or gas wells or pipelines for transporting or delivering oil or gas, including oil and gas product…