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278.017 Establishing boundaries of certified areas.
(1)
(2)
(3)
(4)
Except as otherwise provided in this section, the boundaries of the certified
territory of each retail electric supplier are hereby set as a line or lines
substantially equidistant between its existing distribution lines and the nearest
existing distribution lines of any other retail electric supplier in every direction,
with the result that there is hereby certified to each retail electric supplier such
area which in its entirety is located substantially in closer proximity to one of its
existing distribution lines than to the nearest existing distribution line of any
other retail electric supplier.
On or before one hundred twenty (120) days after June 16, 1972, or, when
requested in writing by a retail electric supplier and for good cause shown,
such further time as the commission may fix by order, each retail electric
supplier shall file with the commission a map or maps showing all of its existing
distribution lines. The commission shall prepare or cause to be prepared within
one hundred twenty (120) days thereafter a map or maps of uniform scale to
show, accurately and clearly, the boundaries of the certified territory of each
retail electric supplier as established under subsection (1) of this section, and
shall issue such map or maps of certified territory to each retail electric
supplier. Any retail electric supplier who feels itself aggrieved by reason of a
certification of territory pursuant to this section may protest the certification of
territory within a one hundred twenty day period after issuance of the map of
certified territory by the commission; and the commission shall have the power,
after hearing, to revise or vacate such certified territories or portions thereof.
In such hearing, the commission shall be guided by the following conditions as
they existed on June 16, 1972:
(a) The proximity of existing distribution lines to such certified territory.
(b) Which supplier was first furnishing retail electric service, and the age of
existing facilities in the area.
(c) The adequacy and dependability of existing distribution lines to provide
dependable, high quality retail electric service at reasonable costs.
(d) The elimination and prevention of duplication of electric lines and facilities
supplying such territory. In its determination of such protest, the
commission hearing shall be de novo; and neither supplier shall bear the
burden of proof.
In each area, where the commission shall determine that the existing
distribution lines of two or more retail electric suppliers are so intertwined or
located that subsection (1) of this section cannot reasonably be applied, the
commission shall, after hearing, certify the service territory or territories for the
retail electric suppliers under the provisions of subsection (3) of this section.
Effective:July 15, 1982
History: Amended 1982 Ky. Acts ch. 82, sec. 4, effective July 15,1982. -Amended 1978 Ky. Acts ch. 379, sec. 4, effective April 1, 1979. -- Created 1972
Ky. Acts ch. 83, sec. 3.
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