Title XXIV, Public Utilities

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…

facility -- Requirements -- Fees -- Replacement or repair does not constitute construction -- Proceeds from sale of salvaged materials -- Administrative regulations. (1) Any person seeking to obtain a construction certificate from the board to construct a merchant electric genera…

(1) Any person proposing to construct a merchant electric generating facility shall file a site assessment report with the board as required under KRS 278.706(2)(l). (2) A site assessment report shall be prepared by the applicant or its designee. (3) A completed site assessment r…

Assembly -- Duties upon receipt of construction certificate -- Compliance and monitoring. (1) Within one hundred twenty (120) days of receipt of an administratively complete application, or within one hundred eighty (180) days of receipt of an administratively complete applicatio…

ruling. (1) The board may convene a local public hearing upon receipt of a request by not less than three (3) interested persons that reside in a county or municipal corporation in which the facility is proposed to be constructed to consider the application for a construction cer…

line or carbon dioxide transmission pipeline -- Granting or denial -- Public hearing -- Local public information meeting -- Fee. (1) No person shall commence to construct a nonregulated electric transmission line or a carbon dioxide transmission pipeline without a construction ce…

(1) There is hereby created a trust and agency account in the Public Service Commission called the "siting fund." (2) All fees received by the board for the purpose of administering KRS 278.700 to 278.716 shall be deposited into the siting fund. The fund shall not lapse and all e…

The provisions of KRS 278.700, 278.704, 278.706, 278.708, and 278.710 shall not supplant, any other state or federal law, including the powers available to local governments under the provisions of home rule under KRS 67.080, 67.083, 67.850, 67.922, 67A.060, 67C.101, and 82.082. …

(1) Any officer, agent, or employee of a utility, as defined in KRS 278.010, and any other person who willfully violates any of the provisions of this chapter or any regulation promulgated pursuant to this chapter, or fails to obey any order of the commission from which all right…

(1) Any person who violates any minimum safety standard adopted by the United States Department of Transportation pursuant to the federal pipeline safety laws, 49 U.S.C. secs. 60101 et seq., as amended, or any regulation adopted and filed pursuant to KRS Chapter 13A by the Public…

As used in this chapter, unless the context requires otherwise: (1) "Acquire" means to construct, purchase, obtain by lease, devise, gift, or by eminent domain, or to obtain by any other lawful means; (2) "Board" means the board of directors of a corporation formed under this cha…

Any three (3) or more individuals, partnerships, associations, or private corporations, a majority of whom are citizens of Kentucky, may by executing, filing, and recording articles of incorporation as provided in KRS 279.030 and 279.040 organize to conduct a nonprofit cooperativ…

(1) The articles of incorporation shall set forth: (a) The name of the corporation that satisfies the requirements of KRS 14A.3- 010; (b) The purpose for which it is formed; (c) The place, including the county, where its principal office will be located; (d) A reasonable descript…

(1) The incorporators shall execute triplicate originals of the articles of incorporation that satisfy the requirements of KRS 14A.2-010 to 14A.2-150, and each incorporator shall acknowledge each triplicate original before an officer authorized to take acknowledgments of deeds. T…