278.018 Right to serve certified territory.
(1)
(2)
(3)
(4)
(5)
(6)
Except as otherwise provided herein, each retail electric supplier shall have the
exclusive right to furnish retail electric service to all electric-consuming facilities
located within its certified territory, and shall not furnish, make available, render or
extend its retail electric service to a consumer for use in electric-consuming
facilities located within the certified territory of another retail electric supplier;
provided that any retail electric supplier may extend its facilities through the
certified territory of another retail electric supplier, if such extension is necessary
for such supplier to connect any of its facilities or to serve its consumers within its
own certified territory. In the event that a new electric-consuming facility should
locate in two (2) or more adjacent certified territories, the commission shall
determine which retail electric supplier shall serve said facility based on criteria in
KRS 278.017(3).
Except as provided in subsections (3) and (5) of this section, any new electricconsuming facility located in an area which has not as yet been included in a map
issued by the commission, pursuant to KRS 278.017(2), or certified, pursuant to
KRS 278.017(4), shall be furnished retail electric service by the retail electric
supplier which has an existing distribution line in closer proximity to such electricconsuming facility than is the nearest existing distribution line of any other retail
electric supplier. Any disputes under this subsection shall be resolved by the
commission.
The commission may, after a hearing had upon due notice, make such findings as
may be supported by proof as to whether any retail electric supplier operating in a
certified territory is rendering or proposes to render adequate service to an electricconsuming facility and in the event the commission finds that such retail electric
supplier is not rendering or does not propose to render adequate service, the
commission may enter an order specifying in what particulars such retail electric
supplier has failed to render or propose to render adequate service and order that
such failure be corrected within a reasonable time, such time to be fixed in such
order. If the retail electric supplier so ordered to correct such failure fails to comply
with such order, the commission may authorize another retail electric supplier to
furnish retail electric service to such facility.
Except as provided in subsection (3) of this section, no retail electric supplier shall
furnish, make available, render or extend retail electric service to any electricconsuming facility to which such service is being lawfully furnished by another
retail electric supplier on June 16, 1972, or to which retail electric service is
lawfully commenced thereafter in accordance with this section by another retail
electric supplier.
The provisions of KRS 278.016 to 278.020 shall not preclude any retail electric
supplier from extending its service after June 16, 1972, to property and facilities
owned and operated by said retail electric supplier.
Notwithstanding the effectuation of certified territories established by or pursuant to
KRS 278.016 to 278.020, and the exclusive right to service within such territory, a
retail electric supplier may contract with another retail electric supplier for the
purpose of allocating territories and consumers between such retail electric
suppliers and designating which territories and consumers are to be served by which
of said retail electric suppliers. Notwithstanding any other provisions of law, a
contract between retail electric suppliers as herein provided when approved by the
commission shall be valid and enforceable. The commission shall approve such a
contract if it finds that the contract will promote the purposes of KRS 278.016 and
will provide adequate and reasonable service to all areas and consumers affected
thereby.
Effective: April 1, 1979
History: Amended 1978 Ky. Acts ch. 379, sec. 5, effective April 1, 1979. -- Created
1972 Ky. Acts ch. 83, sec. 4.
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