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KRS 278.277

Any coal severance taxes imposed a factor in any fuel adjustment clause review

Applied in 1 court decision — leading case Foresight Coal Sales, LLC. v. Kent Chandler (2023)

Most recently applied in Foresight Coal Sales, LLC. v. Kent Chandler (February 2023)

Effective: June 29, 2021 History: Created 2021 Ky

(1) In any review by the commission of any fuel adjustment clause, for any contracts entered into on or after July 1, 2021, the commission shall, in determining the reasonableness of fuel costs in procurement contracts and fuel procurement practices, evaluate the reasonableness of fuel costs in contracts and competing bids based on the cost of the fuel less any coal severance tax imposed by any jurisdiction.

(2) As used in this section, "fuel adjustment clause" means any clause or provision in any tariff or contract by which an electric utility may immediately recover increases in fuel costs subject to later scrutiny or review by the commission.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.