2014 Kentucky Revised Statutes CHAPTER 278 - PUBLIC SERVICE COMMISSION 278.010 Definitions for KRS 278.010 to 278.450, 278.541 to 278.544, 278.546 to 278.5462, and 278.990.
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278.010 Definitions for KRS 278.010 to 278.450, 278.541 to 278.544, 278.546 to
278.5462, and 278.990.
As used in KRS 278.010 to 278.450, 278.541 to 278.544, 278.546 to 278.5462, and
278.990, unless the context otherwise requires:
(1) "Corporation" includes private, quasipublic, and public corporations, and all
boards, agencies, and instrumentalities thereof, associations, joint-stock
companies, and business trusts;
(2) "Person" includes natural persons, partnerships, corporations, and two (2) or
more persons having a joint or common interest;
(3) "Utility" means any person except a regional wastewater commission
established pursuant to KRS 65.8905 and, for purposes of paragraphs (a), (b),
(c), (d), and (f) of this subsection, a city, who owns, controls, operates, or
manages any facility used or to be used for or in connection with:
(a) The generation, production, transmission, or distribution of electricity to or
for the public, for compensation, for lights, heat, power, or other uses;
(b) The production, manufacture, storage, distribution, sale, or furnishing of
natural or manufactured gas, or a mixture of same, to or for the public, for
compensation, for light, heat, power, or other uses;
(c) The transporting or conveying of gas, crude oil, or other fluid substance
by pipeline to or for the public, for compensation;
(d) The diverting, developing, pumping, impounding, distributing, or
furnishing of water to or for the public, for compensation;
(e) The transmission or conveyance over wire, in air, or otherwise, of any
message by telephone or telegraph for the public, for compensation; or
(f) The collection, transmission, or treatment of sewage for the public, for
compensation, if the facility is a subdivision collection, transmission, or
treatment facility plant that is affixed to real property and is located in a
county containing a city of the first class or is a sewage collection,
transmission, or treatment facility that is affixed to real property, that is
located in any other county, and that is not subject to regulation by a
metropolitan sewer district or any sanitation district created pursuant to
KRS Chapter 220;
(4) "Retail electric supplier" means any person, firm, corporation, association, or
cooperative corporation, excluding municipal corporations, engaged in the
furnishing of retail electric service;
(5) "Certified territory" shall mean the areas as certified by and pursuant to KRS
278.017;
(6) "Existing distribution line" shall mean an electric line which on June 16, 1972,
is being or has been substantially used to supply retail electric service and
includes all lines from the distribution substation to the electric consuming
facility but does not include any transmission facilities used primarily to transfer
energy in bulk;
(7) "Retail electric service" means electric service furnished to a consumer for
ultimate consumption, but does not include wholesale electric energy furnished
by an electric supplier to another electric supplier for resale;
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(23)
"Electric-consuming facilities" means everything that utilizes electric energy
from a central station source;
"Generation and transmission cooperative" or "G&T" means a utility formed
under KRS Chapter 279 that provides electric generation and transmission
services;
"Distribution cooperative" means a utility formed under KRS Chapter 279 that
provides retail electric service;
"Facility" includes all property, means, and instrumentalities owned, operated,
leased, licensed, used, furnished, or supplied for, by, or in connection with the
business of any utility;
"Rate" means any individual or joint fare, toll, charge, rental, or other
compensation for service rendered or to be rendered by any utility, and any
rule, regulation, practice, act, requirement, or privilege in any way relating to
such fare, toll, charge, rental, or other compensation, and any schedule or tariff
or part of a schedule or tariff thereof;
"Service" includes any practice or requirement in any way relating to the
service of any utility, including the voltage of electricity, the heat units and
pressure of gas, the purity, pressure, and quantity of water, and in general the
quality, quantity, and pressure of any commodity or product used or to be used
for or in connection with the business of any utility, but does not include Voice
over Internet Protocol (VoIP) service;
"Adequate service" means having sufficient capacity to meet the maximum
estimated requirements of the customer to be served during the year following
the commencement of permanent service and to meet the maximum estimated
requirements of other actual customers to be supplied from the same lines or
facilities during such year and to assure such customers of reasonable
continuity of service;
"Commission" means the Public Service Commission of Kentucky;
"Commissioner" means one (1) of the members of the commission;
"Demand-side management" means any conservation, load management, or
other utility activity intended to influence the level or pattern of customer usage
or demand, including home energy assistance programs;
"Affiliate" means a person that controls or that is controlled by, or is under
common control with, a utility;
"Control" means the power to direct the management or policies of a person
through ownership, by contract, or otherwise;
"CAM" means a cost allocation manual which is an indexed compilation and
documentation of a company's cost allocation policies and related procedures;
"Nonregulated activity" means the provision of competitive retail gas or electric
services or other products or services over which the commission exerts no
regulatory authority;
"Nonregulated" means that which is not subject to regulation by the
commission;
"Regulated activity" means a service provided by a utility or other person, the
rates and charges of which are regulated by the commission;
(24) "USoA" means uniform system of accounts which is a system of accounts for
public utilities established by the FERC and adopted by the commission;
(25) "Arm's length" means the standard of conduct under which unrelated parties,
each party acting in its own best interest, would negotiate and carry out a
particular transaction;
(26) "Subsidize" means the recovery of costs or the transfer of value from one (1)
class of customer, activity, or business unit that is attributable to another;
(27) "Solicit" means to engage in or offer for sale a good or service, either directly
or indirectly and irrespective of place or audience;
(28) "USDA" means the United States Department of Agriculture;
(29) "FERC" means the Federal Energy Regulatory Commission;
(30) "SEC" means the Securities and Exchange Commission;
(31) "Commercial mobile radio services" has the same meaning as in 47 C.F.R.
sec. 20.3 and includes the term "wireless" and service provided by any wireless
real time two (2) way voice communication device, including radio-telephone
communications used in cellular telephone service, personal communications
service, and the functional or competitive equivalent of a radio-telephone
communications line used in cellular telephone service, a personal
communications service, or a network radio access line; and
(32) "Voice over Internet Protocol" or "VoIP" has the same meaning as in federal
law.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 98, sec. 20, effective June 8, 2011. -Amended 2006 Ky. Acts ch. 239, sec. 5, effective July 12, 2006. -- Amended
2005 Ky. Acts ch. 109, sec. 2, effective June 20, 2005. -- Amended 2002 Ky.
Acts ch. 365, sec. 15, effective April 24 2002. -- Amended 2001 Ky. Acts ch. 11,
sec. 1, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 101, sec. 5,
effective July 14, 2000; ch. 118, sec. 1, effective July 14, 2000; and ch. 511,
sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 188, sec. 1,
effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 238, sec. 1, effective July
15, 1994. -- Amended 1982 Ky. Acts ch. 82, sec. 1, effective July 15, 1982. -Amended 1978 Ky. Acts ch. 379, sec. 1, effective April 1, 1979. -- Amended
1974 Ky. Acts ch. 118, sec. 1. -- Amended 1972 Ky. Acts ch. 83, sec. 1. -Amended 1964 Ky. Acts ch. 195, sec. 1. -- Amended 1960 Ky. Acts ch. 209,
sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 3952-1.
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