There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 278 PUBLIC SERVICE COMMISSION
278.017 Establishing boundaries of certified areas.
Download pdfequidistant 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. (2) 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. (3) 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. (4) 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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