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278.702 Kentucky State Board on Electric Generation and Transmission
Siting.
(1)
(2)
(3)
There is hereby established the Kentucky State Board on Electric Generation
and Transmission Siting. The board shall be composed of seven (7) members
as follows:
(a) The three (3) members of the Kentucky Public Service Commission;
(b) The secretary of the Energy and Environment Cabinet or the secretary's
designee;
(c) The secretary of the Cabinet for Economic Development or the
secretary's designee;
(d) 1.
If the facility subject to board approval is proposed to be located in
one (1) county, two (2) ad hoc public members to be appointed by
the Governor from a county where a facility subject to board
approval is proposed to be located:
a.
One (1) of the ad hoc public members shall be the chairman of
the planning commission with jurisdiction over an area in which
a facility subject to board approval is proposed to be located. If
the proposed location is not within a jurisdiction with a planning
commission, then the Governor shall appoint either the county
judge/executive of a county that contains the proposed location
of the facility or the mayor of a city, if the facility is proposed to
be within a city; and
b.
One (1) of the ad hoc public members shall be appointed by
the Governor and shall be a resident of the county in which the
facility is proposed to be located.
2.
If the facility subject to board approval is proposed to be located in
more than one (1) county, two (2) ad hoc public members to be
chosen as follows:
a.
One (1) ad hoc public member shall be the county
judge/executive of a county in which the facility is proposed to
be located, to be chosen by majority vote of the county
judge/executives of the counties in which the facility is
proposed to be located; and
b.
One (1) ad hoc public member shall be a resident of a county
in which the facility is proposed to be located, and shall be
appointed by the Governor.
If a member has not been chosen by majority vote, as provided in
subdivision a. of this subparagraph, by thirty (30) days after the filing
of the application, the Governor shall directly appoint the member.
3.
Ad hoc public members appointed to the board shall have no direct
financial interest in the facility proposed to be constructed.
The term of service for the ad hoc members of the board shall continue until
the board issues a final determination in the proceeding for which they were
appointed. The remaining members of the board shall be permanent members.
The board shall be attached to the Public Service Commission for
(4)
(5)
administrative purposes. The commission staff shall serve as permanent
administrative staff for the board. The members of the board identified in
subsection (1)(a) to (d) of this section shall promulgate administrative
regulations in accordance with KRS Chapter 13A to implement KRS 278.700 to
278.716.
No member of the board shall receive any salary or fee for service on the
board or shall have any financial interest in any facility the application for which
comes before the board, but each member shall be reimbursed for actual travel
and expenses directly related to service on the board.
The chairman of the Public Service Commission shall be the chairman of the
board. The chairman shall designate one (1) member of the board as vice
chairman. A majority of the members of the board shall constitute a quorum for
the transaction of business. No vacancy on the board shall impair the right of
the remaining members to exercise all of the powers of the board. The board
shall convene upon the call of the chairman.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 605, effective July 15, 2010. -Created 2002 Ky. Acts ch. 365, sec. 2, effective April 24, 2002.
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