2006 Kentucky Revised Statutes - CHAPTER 278 PUBLIC SERVICE COMMISSION

Public Utilities Generally

• .010   Definitions for KRS 278.010 to 278.450, 278.541 to 278.544, 278.546 to 278.5462, and 278.990.
• .012   Water association subject to Public Service Commission -- Exceptions.
• .015   Water district; combined water, gas, or sewer district; or water commission a public utility subject to Public Service Commission -- Exceptions.
• .0152   Water utility permitted to charge a tapping fee for installing service to customer.
• .016   Commonwealth to be divided into geographical service areas.
• .017   Establishing boundaries of certified areas.
• .018   Right to serve certified territory.
• .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 -- Severability of provisions.
• .021   Receivership for abandoned utility.
• .023   Approval of federally-funded construction projects -- Commission review of agreement and supporting documents -- Surcharge.
• .025   Repealed, 2002
• .027   Application for certificate -- Publishing notice of hearing.
• .030   Rates, classifications and service of utilities to be just and reasonable -- Service to be adequate.
• .035   Prohibition against preferential retail rates for utility services for certain publicly-funded entities -- Exception.
• .040   Public Service Commission -- Jurisdiction -- Regulations.
• .042   Service adequacy and safety standards for electric utilities--National Electrical Safety Code.
• .045   Repealed, 1980.
• .046   Repealed, effective July 15, 1986.
• .047   Renumbered as KRS 96.534.
• .050   Membership of Public Service Commission -- Appointment -- Terms -- Chairman -- Vacancies.
• .060   Qualifications of commissioners -- Oath -- Restrictions on conduct.
• .070   Removal of commissioners.
• .080   Quorum -- Performance of functions by less than a majority of commissioners or by hearing examiners.
• .090   Office and hours -- Meetings.
• .100   Executive director.
• .110   Additional employees.
• .115   Commission to establish internal organization of its offices.
• .120   Compensation and expenses of commissioners, executive director, and employees.
• .130   Assessments against utilities -- Applications for adjustment.
• .140   Report of gross earnings from intrastate business.
• .150   Payment of assessments -- Certification of deduction by commission -- Administration of funds collected.
• .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.
• .170   Discrimination as to rates or service -- Free or reduced rate services.
• .172   Rate classification for certain entities.
• .180   Changes in rates, how made.
• .183   Surcharge to recover costs of compliance with environmental requirements for coal combustion wastes and by-products -- Environmental compliance plan, review and adjustment.
• .185   Notification to customers of proposed rate change by sewerage corporations.
• .190   Procedure when new schedule of rates filed -- Suspension of new rate schedule -- Burden of proof -- Refunds.
• .192   Test period for proposed rate increase.
• .200   Power to regulate rates and service standards fixed by agreement with city.
• .210   Examination and testing of meters and meter-testing devices.
• .212   Filing of plans for electrical interconnection with merchant electric generating facility -- Costs of upgrading existing grid.
• .214   Curtailment of service by utility or generation and transmission cooperative.
• .216   Site compatibility certificate -- Site assessment report -- Commission action on application.
• .218   Approval of commission for change in ownership or control of assets owned by utility.
• .220   Uniform system of accounts for utilities.
• .2201   Prohibition against subsidy of nonregulated activity -- Separate accounting.
• .2203   Cost allocation of regulated and nonregulated activity.
• .2205   Cost allocation manual for nonregulated activity -- Contents -- Maintenance.
• .2207   Transactions between utility and affiliate -- Pricing requirements -- Request for deviation.
• .2209   Documentation regarding cost allocation.
• .2211   Remedies for noncompliance utility and affiliate -- Access to records -- Disallowance of costs -- Audit.
• .2213   Separate recordkeeping for utility and affiliate -- Prohibited business practices -- Confidentiality of information -- Notice of service available from competitor.
• .2215   Exemptions.
• .2219   Waiver or deviation from requirements of KRS 278.2201 to 278.2213.
• .225   Time limitation on billing -- Liability for unbilled service.
• .230   Access to property, books and records of utilities -- Reports and information may be required.
• .240   Certified copies of commission's records -- Use as evidence.
• .250   Investigation of condition of utility.
• .255   Periodic management and operation audits.
• .260   Jurisdiction over complaints as to rates or service -- Investigations -- Hearing.
• .270   Orders by commission as to rates.
• .272   Consideration of natural gas purchasing transactions in determining just and reasonable rates -- Limitation of authorized rate of return for natural gas operations.
• .274   Review of natural gas utility's purchasing practices in determining reasonableness of proposed rates -- Reduction of rates by commission.
• .280   Orders by commission as to service -- Extension of service.
• .285   Demand-side management plans -- Review and approval of proposed plans and mechanisms -- Assignment of costs -- Home energy assistance programs.
• .287   Voluntary energy cost assistance fund -- Customer contributions -- Time of and eligibility for disbursements -- Biennial reports -- Administration costs.
• .290   Valuation of utility property in connection with rates, service or issuance of securities -- Unit rate base.
• .300   Issuance or assumption of securities by utilities.
• .310   Rules for hearings and investigations.
• .320   Process.
• .330   Witnesses.
• .340   Depositions.
• .350   Incriminating evidence -- Immunity of witnesses.
• .360   Record of contested proceedings on formal hearing.
• .370   Recording of order, finding, authorization or certificate -- How proved to be in effect.
• .380   Service of orders.
• .390   Enforcement of orders.
• .400   Rehearing.
• .410   Action to review order of commission -- Institution -- Answer -- Injunction.
• .420   Designation and filing of record -- Cost.
• .430   Burden of proof.
• .440   Evidence to be heard by court -- Remand.
• .450   Judgment of Circuit Court -- Appeal to Court of Appeals.
• .455   Reduction of operating expenses by G&T or distribution cooperative -- Effect on rates -- Authority for administrative regulations.
• .457   Commission's duty to transmit information concerning abandonment of railroad corridor to the Department of Parks and to the Railtrail Development Office.

Interest On Deposits With Public Utilities

• .460   Utilities to pay interest on deposits required of patrons -- Rates for water districts and water associations -- Administrative regulations.

Net Metering of Electricity

• .465   Definitions for KRS 278.465 to 278.468.
• .466   Availability of net metering -- Type, expense, and installation of meter -- Calculation of electricity billed -- Rules applicable to billing -- Safety and power quality standards -- Transferability of installation.
• .467   Jurisdiction over disputes -- Filing of tariff with commission.
• .468   KRS 278.465 to 278.468 not applicable to certain United States agencies or instrumentalities.

Oil and Gas Pipelines and Related Facilities

• .470   Companies transporting oil or gas by pipeline are common carriers.
• .480   Pipeline companies may deliver oil or gas on order of person in possession.
• .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.
• .490   Transportation of oil or gas received from connecting lines.
• .495   Authority to regulate safety aspects of natural gas facilities.
• .500   Repealed, 1948.
• .501   Repealed, 1966.
• .502   Condemnation for pipelines and related facilities, including rights of ingress and egress.

Natural Gas

• .504   Definitions for KRS 278.505 to 278.507.
• .505   Transportation of natural gas in intrastate commerce by pipelines or local distribution companies with unused excess capacity.
• .506   Gas to meet pipeline quality standards -- Delivery and curtailment provisions.
• .507   Public Service Commission's policy to facilitate greater use of natural gas produced in Kentucky -- Commission's duties and prohibited activities.
• .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.
• .5085   Presumption of reasonableness of supply contract for natural gas produced from coal through gassification process.
• .509   Recovery of costs for investment in natural gas pipeline replacement programs.

Telephone and Telegraph Companies

• .510   Consolidation of telephone lines.
• .512   Legislative findings -- Exemption of telecommunications product or service from regulation.
• .514   Exempted service not to be subsidized by nonexempted, regulated telecommunications services.
• .516   Alternative regulation process for small telephone utilities -- Findings -- Definitions -- Procedures -- Withdrawal.
• .520   Transmission of long distance messages from other telephone lines.
• .530   Procedure to compel connection with telephone exchange or line.
• .535   Switching of telecommunications provider -- Penalty -- Administrative regulations.
• .540   Acquisition of right-of-way by telephone or telegraph company -- Condemnation.

Basic and Nonbasic Local Exchange Services

• .541   Definitions for KRS 278.541 to 278.544.
• .542   Effect of KRS 278.541 to 278.544 on commission's jurisdiction -- Filing by telephone utilities required.
• .543   Adoption of price regulation plan -- Rate caps and adjustments -- Jurisdiction of commission -- Exemptions -- Withdrawal from regulation under KRS 278.541 to 278.544.
• .544   Provisions applicable to all telephone utilities.
• .545   Countywide service by major telephone company required, when.

Broadband and Other Telecommunication Technologies

• .546   Legislative findings and determinations relating to telecommunications.
• .5461   Definitions for KRS 278.546 to 278.5462.
• .54611   Commission's jurisdiction over commercial mobile radio service, interconnection agreements, customer complaints, telecommunications carriers, and cellular towers.
• .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.

Special Telephone Services

• .547   Definitions for KRS 278.547 to 278.5499.
• .548   Telecommunications relay service program.
• .549   Rates -- Funding mechanism.
• .5499   Funding mechanism for Telecommunications Access Program.
• .550   Repealed, 1986.
• .560   Repealed, 1974.
• .570   Repealed, 1974.
• .580   Repealed, 1974.

Nuclear Power Facilities

• .600   Definitions.
• .605   Construction prohibited until means for disposal of high level nuclear waste approved by United States government.
• .610   Requirements for certification of nuclear power facility.

Antenna Towers

• .650   Procedures for proposals to construct antenna towers in an area outside the jurisdiction of a planning commission -- Hearing -- Building permit fee.
• .660   Repealed, 2002.
• .665   Administrative regulations governing cellular antenna towers to be constructed outside the jurisdiction of a planning commission.

Electric Generation and Transmission Siting

• .700   Definitions for KRS 278.700 to 278.716.
• .702   Kentucky State Board on Electric Generation and Transmission Siting.
• .704   Merchant electric generating facility -- Construction certificate -- Location of exhaust stack -- Setback requirement.
• .706   Application for certificate to construct merchant electric generating facility -- Fees -- Replacement or repair does not constitute construction.
• .708   Site assessment report -- Consultant -- Mitigation measures.
• .710   Granting or denial of construction certificate -- Policy of General Assembly -- Transfer of rights and obligation.
• .712   Local public hearing -- Procedure -- Parties -- Action to vacate or set aside ruling.
• .714   Application for certificate to construct nonregulated electric transmission line -- Granting or denial -- Public hearing -- Fee.
• .716   Siting fund.

Penalties

• .990   Penalties.
• .992   Penalty for certain pipeline violations.