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Kentucky Chapter 278 — Public Service Commission

173 sections hosted, reproduced from the official public-domain source.

  • KRS 278.010— Definitions for KRS 278.010 to 278.450, 278.541 to 278.544, 278.546 to 278.5462, and 278.990
  • KRS 278.012— Water association subject to Public Service Commission -- Exceptions
  • KRS 278.015— Water district; combined water, gas, or sewer district; or water commission a public utility subject to Public Service Commission -- Exceptions
  • KRS 278.016— Commonwealth to be divided into geographical service areas
  • KRS 278.017— Establishing boundaries of certified areas
  • KRS 278.018— Right to serve certified territory
  • KRS 278.019— Deadlines for commission to issue final orders -- Failure to meet deadline deemed approval
  • KRS 278.020— Certificate of convenience and necessity required for construction provision of utility service or of utility -- Exceptions -- Approval required for acquisition or transfer of ownership -- Public hearing on proposed transmission line -- Limitations upon approval of application to transfer control of utility or to abandon or cease provision of services -- Hearing -- Severability of provisions
  • KRS 278.021— Receivership for abandoned utility -- Criteria for finding of abandonment -- Consolidation of actions -- Powers and duties of receiver -- Temporary receivership -- Commission's discretion to approve or decline to approve applications
  • KRS 278.022— Utility to notify commission upon receipt of notice of discontinuance or termination from supplier
  • KRS 278.023— Approval of federally-funded construction projects -- Commission review of agreement and supporting documents -- Surcharge
  • KRS 278.025— Repealed, 2002
  • KRS 278.027— Application for certificate -- Publishing notice of hearing
  • KRS 278.030— Rates, classifications and service of utilities to be just and reasonable -- Service to be adequate -- Utilities prohibited from energizing power to electrical service where seal is not present
  • KRS 278.035— Prohibition against preferential retail rates for utility services for certain publicly-funded entities -- Exception
  • KRS 278.040— Public Service Commission -- Jurisdiction -- Regulations
  • KRS 278.042— Service adequacy and safety standards for electric utilities--National Electrical Safety Code
  • KRS 278.045— Repealed, 1980
  • KRS 278.046— Repealed, 1986
  • KRS 278.047— Renumbered as KRS 96.534
  • KRS 278.050— Membership of Public Service Commission -- Appointment -- Terms -- Chairman -- Vacancies
  • KRS 278.060— Qualifications of commissioners -- Oath -- Restrictions on conduct
  • KRS 278.070— Removal of commissioners
  • KRS 278.080— Quorum -- Performance of functions by less than a majority of commissioners or by hearing examiners
  • KRS 278.090— Office and hours -- Meetings
  • KRS 278.100— Executive director
  • KRS 278.110— Additional employees -- Documents prepared by certain contracted persons filed in the record -- Testimony
  • KRS 278.115— Commission to establish internal organization of its offices
  • KRS 278.120— Compensation and expenses of commissioners, executive director, and employees
  • KRS 278.130— Assessments against utilities -- Applications for adjustment
  • KRS 278.140— Report of gross earnings from intrastate business
  • KRS 278.150— Payment of assessments -- Certification of deduction by commission -- Administration of funds collected
  • KRS 278.0152— Water utility permitted to charge a tapping fee for installing service to customer
  • KRS 278.0154— Water district or water association may assess customer a late payment charge of 10% of amount billed -- How charge assessed and applied -- Commission without power to affect late payment charge -- Waiver of late payment charge
  • KRS 278.160— Utilities to file and display general schedules of rates and conditions for service -- Adherence to schedules -- Exclusion from disclosure of confidential or proprietary provisions in special contracts
  • KRS 278.170— Discrimination as to rates or service -- Free or reduced rate services
  • KRS 278.172— Rate classification for certain entities
  • KRS 278.180— Changes in rates, how made
  • KRS 278.183— Surcharge to recover costs of compliance with environmental requirements for coal combustion wastes and by-products -- Environmental compliance plan, review and adjustment
  • KRS 278.185— Repealed, 2014
  • KRS 278.190— Procedure when new schedule of rates filed -- Suspension of new rate schedule -- Burden of proof -- Refunds
  • KRS 278.192— Test period for proposed rate increase
  • KRS 278.200— Power to regulate rates and service standards fixed by agreement with city
  • KRS 278.210— Examination and testing of meters and meter-testing devices
  • KRS 278.212— Filing of plans for electrical interconnection with merchant electric generating facility -- Costs of upgrading existing grid
  • KRS 278.214— Curtailment of service by utility or generation and transmission cooperative
  • KRS 278.216— Site compatibility certificate -- Site assessment report -- Commission action on application
  • KRS 278.218— Approval of commission for change in ownership or control of assets owned by utility
  • KRS 278.220— Uniform system of accounts for utilities
  • KRS 278.225— Time limitation on billing -- Liability for unbilled service
  • KRS 278.230— Access to property, books and records of utilities -- Reports and information may be required
  • KRS 278.240— Certified copies of commission's records -- Use as evidence
  • KRS 278.250— Investigation of condition of utility
  • KRS 278.255— Periodic management and operation audits
  • KRS 278.260— Jurisdiction over complaints as to rates or service -- Investigations -- Hearing
  • KRS 278.262— Definitions for KRS 278.262 and 278.264
  • KRS 278.264— Commission's approval or denial of retirement of electric generating unit -- Rebuttable presumption against retiring fossil fuel-fired generating unit -- Evidence of costs -- Report -- Definitions
  • KRS 278.270— Orders by commission as to rates
  • KRS 278.271— Allowable recovery of costs not recovered in existing utility rates -- Conditions -- Duration of cost recovery
  • 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
  • KRS 278.274— Review of natural gas utility's purchasing practices in determining reasonableness of proposed rates -- Reduction of rates by commission
  • KRS 278.277— Any coal severance taxes imposed a factor in any fuel adjustment clause review
  • KRS 278.280— Orders by commission as to service -- Extension of service
  • KRS 278.285— Demand-side management plans -- Review and approval of proposed plans and mechanisms -- Assignment of costs -- Home energy assistance programs
  • KRS 278.287— Voluntary energy cost assistance fund -- Customer contributions -- Time of and eligibility for disbursements -- Biennial reports -- Administration costs
  • KRS 278.290— Valuation of utility property in connection with rates, service or issuance of securities -- Unit rate base
  • KRS 278.295— Determination of value of acquired water and sewer system assets for ratemaking purposes
  • KRS 278.300— Issuance or assumption of securities by utilities
  • KRS 278.310— Rules for hearings and investigations
  • KRS 278.320— Process
  • KRS 278.330— Witnesses
  • KRS 278.340— Depositions
  • KRS 278.350— Incriminating evidence -- Immunity of witnesses
  • KRS 278.360— Record of contested proceedings on formal hearing
  • KRS 278.370— Recording of order, finding, authorization or certificate -- How proved to be in effect
  • KRS 278.380— Delivery of orders by electronic transmission or mail
  • KRS 278.390— Enforcement of orders
  • KRS 278.400— Rehearing
  • KRS 278.410— Action to review order of commission -- Institution -- Answer -- Injunction
  • KRS 278.420— Designation and filing of record -- Cost
  • KRS 278.430— Burden of proof
  • KRS 278.440— Evidence to be heard by court -- Remand
  • KRS 278.450— Judgment of Circuit Court -- Appeal to Court of Appeals
  • KRS 278.455— Reduction of operating expenses by G&T or distribution cooperative -- Effect on rates -- Authority for administrative regulations
  • KRS 278.457— Commission's duty to transmit information concerning abandonment of railroad corridor to Department of Parks and Railtrail Development Office
  • 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
  • KRS 278.465— Definitions for KRS 278.465 to 278.468
  • 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
  • KRS 278.467— Jurisdiction over disputes -- Guidelines -- Forms -- Posting on Web site
  • KRS 278.468— KRS 278.465 to 278.468 not applicable to certain United States agencies or instrumentalities
  • KRS 278.470— Companies transporting oil or gas by pipeline are common carriers
  • KRS 278.480— Pipeline companies may deliver oil or gas on order of person in possession
  • 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
  • KRS 278.490— Transportation of oil or gas received from connecting lines
  • KRS 278.495— Authority to regulate safety aspects of natural gas facilities
  • KRS 278.500— Repealed, 1948
  • KRS 278.501— Repealed, 1966
  • KRS 278.502— Condemnation for pipelines and related facilities, including rights of ingress and egress
  • KRS 278.504— Definitions for KRS 278.505 to 278.507
  • KRS 278.505— Transportation of natural gas in intrastate commerce by pipelines or local distribution companies with unused excess capacity
  • KRS 278.506— Gas to meet pipeline quality standards -- Delivery and curtailment provisions
  • KRS 278.507— Public Service Commission's policy to facilitate greater use of natural gas produced in Kentucky -- Commission's duties and prohibited activities
  • KRS 278.508— Exemption of sale of natural gas used as a motor vehicle fuel from regulation -- Regulation of transportation, distribution, or delivery of natural gas used as a motor vehicle fuel
  • KRS 278.509— Recovery of costs for investment in natural gas pipeline replacement programs
  • KRS 278.510— Repealed, 2019
  • KRS 278.512— Legislative findings -- Exemption of telecommunications product or service from regulation
  • KRS 278.514— Exempted service not to be subsidized by nonexempted, regulated telecommunications services
  • KRS 278.516— Alternative regulation process for small telephone utilities -- Findings -- Definitions -- Procedures -- Withdrawal
  • KRS 278.520— Transmission of long distance messages from other telephone lines
  • KRS 278.530— Procedure to compel connection with telephone exchange or line
  • KRS 278.535— Switching of telecommunications provider -- Penalty -- Administrative regulations
  • KRS 278.540— Acquisition of right-of-way by telephone or telegraph company -- Condemnation
  • KRS 278.541— Definitions for KRS 278.541 to 278.544
  • KRS 278.542— Effect of KRS 278.541 to 278.544 on commission's jurisdiction -- Filing by telephone utilities required
  • KRS 278.543— Adoption of price regulation plan -- Rate caps and adjustments -- Jurisdiction of commission -- Exemptions -- Withdrawal from regulation under KRS 278.541 to 278.544
  • KRS 278.544— Provisions applicable to all telephone utilities
  • KRS 278.545— Repealed, 2019
  • KRS 278.546— Legislative findings and determinations relating to telecommunications
  • KRS 278.547— Definitions for KRS 278.547 to 278.5499
  • KRS 278.548— Telecommunications relay service program
  • KRS 278.549— Rates -- Funding mechanism
  • KRS 278.550— Repealed, 1986
  • KRS 278.560— Repealed, 1974
  • KRS 278.570— Repealed, 1974
  • KRS 278.580— Repealed, 1974
  • KRS 278.600— Definitions for KRS 278.600 and 278.610
  • KRS 278.605— Repealed, 2017
  • KRS 278.610— Requirements for certification of nuclear power facility
  • KRS 278.650— Procedures for proposals to construct antenna towers in an area outside the jurisdiction of a planning commission -- Hearing -- Building permit fee
  • KRS 278.660— Repealed, 2002
  • KRS 278.665— Administrative regulations governing cellular antenna towers to be constructed outside the jurisdiction of a planning commission
  • KRS 278.670— Definitions for KRS 278.670 to 278.696 and 65.114
  • KRS 278.672— Application for financing order for deferred costs -- Requirements -- Deadline
  • KRS 278.674— Application proceedings -- Commission findings -- Retention of consultants -- Issuance advice letter
  • KRS 278.676— Financing order -- Prior issuance of bonds -- Conditions on securitized property
  • KRS 278.678— Utility to file documents with commission -- Parameters for securitized bonds -- Semiannual monthly surcharge update -- Adjustments -- Commission review -- Irrevocability of finance order
  • KRS 278.680— Issuance of securitized bonds by electric utility -- Subsequent financing order -- Limits on commission -- Discretion of electric utility
  • KRS 278.682— Securitized surcharges to be line-itemed on customer billing
  • KRS 278.684— Property right to securitized property -- Right to transfer or assign -- Default and sequestration -- Rights of successor to electric utility
  • KRS 278.686— Exemption from Uniform Commercial Code -- Security interest binding -- Filing of financing statement with Secretary of State -- Priority of securitized interest -- Exercise of rights and remedies upon default
  • KRS 278.688— Sale, assignment, or transfer of securitized property -- Application of income tax law to transaction -- Conditions for enforceability
  • KRS 278.690— Priority of transfer not impaired by modification -- Priority of conflicting interests
  • KRS 278.692— Financing statement maintained by Secretary of State -- Perfection of a security interest by filing of financing statement
  • KRS 278.694— Application -- Liability restriction -- No obligation of taxation
  • KRS 278.696— Assignee or financing party not an electric utility or provider of electric service -- Application of KRS 278.670 to 278.696 and 65.114 -- Severance
  • KRS 278.700— Definitions for KRS 278.700 to 278.716
  • KRS 278.702— Kentucky State Board on Electric Generation and Transmission Siting
  • KRS 278.704— Merchant electric generating facility -- Construction certificate -- Location of exhaust stack -- Decommissioning and setback requirements -- Public meeting concerning property acquisition -- Exception
  • KRS 278.706— Application for certificate to construct merchant electric generating facility -- Requirements -- Fees -- Replacement or repair does not constitute construction -- Administrative regulations
  • KRS 278.708— Site assessment report -- Consultant -- Mitigation measures
  • KRS 278.710— Granting or denial of construction certificate -- Policy of General Assembly -- Duties upon receipt of construction certificate -- Compliance and monitoring
  • KRS 278.712— Local public hearing -- Procedure -- Parties -- Action to vacate or set aside ruling
  • KRS 278.714— Application for certificate to construct nonregulated electric transmission line or carbon dioxide transmission pipeline -- Granting or denial -- Public hearing -- Local public information meeting -- Fee
  • KRS 278.716— Siting fund
  • KRS 278.718— Construction of KRS 278.700, 278.704, 278.706, 278.708, and 278.710
  • KRS 278.990— Penalties
  • KRS 278.992— Penalty for certain pipeline violations
  • KRS 278.2201— Prohibition against subsidy of nonregulated activity -- Separate accounting
  • KRS 278.2203— Cost allocation of regulated and nonregulated activity
  • KRS 278.2205— Cost allocation manual for nonregulated activity -- Contents -- Maintenance
  • KRS 278.2207— Transactions between utility and affiliate -- Pricing requirements -- Request for deviation
  • KRS 278.2209— Documentation regarding cost allocation
  • KRS 278.2211— Remedies for noncompliance utility and affiliate -- Access to records -- Disallowance of costs -- Audit
  • KRS 278.2213— Separate recordkeeping for utility and affiliate -- Prohibited business practices -- Confidentiality of information -- Notice of service available from competitor
  • KRS 278.2215— Exemptions
  • KRS 278.2219— Waiver or deviation from requirements of KRS 278.2201 to 278.2213
  • KRS 278.5085— Presumption of reasonableness of supply contract for natural gas produced from coal through gasification process
  • KRS 278.5435— Modification of price regulation plan -- Permitted and prohibited actions -- Jurisdiction of commission -- Exemptions
  • KRS 278.5461— "Local exchange carrier" defined for KRS 278.546 to 278.5462
  • KRS 278.5462— Broadband services not subject to state regulation -- Application of requirements of federal statutes and regulations -- Consumer complaints -- Telephone utility provision of service to competing local exchange
  • KRS 278.5464— Provision of broadband service to unserved and underserved households and businesses -- Facilitation by distribution cooperative
  • KRS 278.5499— Funding mechanism for Telecommunications Access Program
  • KRS 278.54611— Commission's jurisdiction over commercial mobile radio service, interconnection agreements, telecommunications carriers, and cellular towers