2012 Kentucky Revised Statutes CHAPTER 279 RURAL ELECTRIC AND RURAL TELEPHONE COOPERATIVE CORPORATIONS 279.120 Persons with whom corporation may do business -- Conditions for acquisition of new base load generating facility.
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279.120 Persons with whom corporation may do business -- Conditions for
acquisition of new base load generating facility.
(1)
(2)
(3)
(4)
(5)
(6)
Except as provided in subsections (2), (3), and (4) of this section, corporations
formed under this chapter shall supply electric energy, furnish services, and sell
personal property, except that transferred in part payment for other personal
property, to their members only.
Except as provided in subsections (3), (4), and (5) of this section and in KRS
279.125, any corporation formed under this chapter may supply electric energy,
furnish services and sell property, to the extent of not more than forty-nine percent
(49%) of its total business, to nonmembers of the corporation, including any federal
agency, any state, and any county, city or political subdivision.
A corporation formed under this chapter may sell and lease back any part or all of
its property free of the restrictions contained in subsections (1) and (2) of this
section, or any other section of the Kentucky Revised Statutes except that such sale
shall be subject to KRS 279.140.
A corporation formed under this chapter on or before December 31, 2005, may
supply electric energy to a nonmember of the corporation free of the restrictions
contained in subsections (1) and (2) of this section only if:
(a) The hourly amount of electric energy supplied is produced by a generator
owned or leased by the corporation; and
(b) The hourly amount of electric energy supplied was previously used by a
member of the corporation, which is also a corporation formed under this
chapter on or before December 31, 2005, to provide electric service to a retail
customer with an annual hourly peak electric energy requirement of more than
two hundred (200) megawatts.
A sale of electric energy authorized by subsection (4) of this section shall be
considered member business for purposes of subsection (2) of this section.
A corporation formed under this chapter that is supplying electric energy to a
nonmember of the corporation under subsections (4) and (5) of this section may
acquire a new base load generating facility for its system by purchase, lease, or
construction only if, at the time the corporation enters into a binding commitment
for the acquisition of the new base load generating facility, the number of
megawatts the corporation is supplying to nonmembers of the corporation is fortynine percent (49%) or less of the total number of megawatts that the corporation is
supplying to all persons.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 4, sec. 1, effective July 12, 2006. -- Amended
2004 Ky. Acts ch. 12, sec. 1, effective July 13, 2004. -- Amended 1984 Ky. Acts
ch. 27, sec. 1, effective February 23, 1984. -- Amended 1974 Ky. Acts ch. 38, sec. 9,
effective June 21, 1974. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 883j-8, 883j-16.
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