2018 Kentucky Revised Statutes
CHAPTER 278 - PUBLIC SERVICE COMMISSION

Public Utilities Generally

• .010 Definitions for KRS 278.010 to 278.450, 278.541 to 278.544, 278.546 to 278.5462, and 278.990.
• .012 Water association subject to Public Service Commission -- Exceptions.
• .015 Water district; combined water, gas, or sewer district; or water commission a public utility subject to Public Service Commission -- Exceptions.
• .0152 Water utility permitted to charge a tapping fee for installing service to customer.
• .016 Commonwealth to be divided into geographical service areas.
• .017 Establishing boundaries of certified areas.
• .018 Right to serve certified territory.
• .020 Certificate of convenience and necessity required for construction provision of utility service or of utility -- Exceptions -- Approval required for acquisition or transfer of ownership -- Public hearing on proposed transmission line -- Limitations upon approval of application to transfer control of utility or to abandon or cease provision of services -- Hearing -- Severability of provisions.
• .021 Receivership for abandoned utility -- Criteria for finding of abandonment -- Consolidation of actions -- Powers and duties of receiver -- Temporary receivership -- Commission's discretion to approve or decline to approve applications.
• .022 Utility to notify commission upon receipt of notice of discontinuance or termination from supplier.
• .023 Approval of federally-funded construction projects -- Commission review of agreement and supporting documents -- Surcharge.
• .025 Repealed, 2002
• .027 Application for certificate -- Publishing notice of hearing.
• .030 Rates, classifications and service of utilities to be just and reasonable -- Service to be adequate -- Utilities prohibited from energizing power to electrical service where seal is not present.
• .035 Prohibition against preferential retail rates for utility services for certain publicly-funded entities -- Exception.
• .040 Public Service Commission -- Jurisdiction -- Regulations.
• .042 Service adequacy and safety standards for electric utilities--National Electrical Safety Code.
• .045 Repealed, 1980.
• .046 Repealed, effective July 15, 1986.
• .047 Renumbered as KRS 96.534.
• .050 Membership of Public Service Commission -- Appointment -- Terms -- Chairman -- Vacancies.
• .060 Qualifications of commissioners -- Oath -- Restrictions on conduct.
• .070 Removal of commissioners.
• .080 Quorum -- Performance of functions by less than a majority of commissioners or by hearing examiners.
• .090 Office and hours -- Meetings.
• .100 Executive director.
• .110 Additional employees.
• .115 Commission to establish internal organization of its offices.
• .120 Compensation and expenses of commissioners, executive director, and employees.
• .130 Assessments against utilities -- Applications for adjustment.
• .140 Report of gross earnings from intrastate business.
• .150 Payment of assessments -- Certification of deduction by commission -- Administration of funds collected.
• .160 Utilities to file and display general schedules of rates and conditions for service -- Adherence to schedules -- Exclusion from disclosure of confidential or proprietary provisions in special contracts.
• .170 Discrimination as to rates or service -- Free or reduced rate services.
• .172 Rate classification for certain entities.
• .180 Changes in rates, how made.
• .183 Surcharge to recover costs of compliance with environmental requirements for coal combustion wastes and by-products -- Environmental compliance plan, review and adjustment.
• .185 Repealed, 2014.
• .190 Procedure when new schedule of rates filed -- Suspension of new rate schedule -- Burden of proof -- Refunds.
• .192 Test period for proposed rate increase.
• .200 Power to regulate rates and service standards fixed by agreement with city.
• .210 Examination and testing of meters and meter-testing devices.
• .212 Filing of plans for electrical interconnection with merchant electric generating facility -- Costs of upgrading existing grid.
• .214 Curtailment of service by utility or generation and transmission cooperative.
• .216 Site compatibility certificate -- Site assessment report -- Commission action on application.
• .218 Approval of commission for change in ownership or control of assets owned by utility.
• .220 Uniform system of accounts for utilities.
• .2201 Prohibition against subsidy of nonregulated activity -- Separate accounting.
• .2203 Cost allocation of regulated and nonregulated activity.
• .2205 Cost allocation manual for nonregulated activity -- Contents -- Maintenance.
• .2207 Transactions between utility and affiliate -- Pricing requirements -- Request for deviation.
• .2209 Documentation regarding cost allocation.
• .2211 Remedies for noncompliance utility and affiliate -- Access to records -- Disallowance of costs -- Audit.
• .2213 Separate recordkeeping for utility and affiliate -- Prohibited business practices -- Confidentiality of information -- Notice of service available from competitor.
• .2215 Exemptions.
• .2219 Waiver or deviation from requirements of KRS 278.2201 to 278.2213.
• .225 Time limitation on billing -- Liability for unbilled service.
• .230 Access to property, books and records of utilities -- Reports and information may be required.
• .240 Certified copies of commission's records -- Use as evidence.
• .250 Investigation of condition of utility.
• .255 Periodic management and operation audits.
• .260 Jurisdiction over complaints as to rates or service -- Investigations -- Hearing.
• .270 Orders by commission as to rates.
• .271 Allowable recovery of costs not recovered in existing utility rates -- Conditions -- Duration of cost recovery.
• .272 Consideration of natural gas purchasing transactions in determining just and reasonable rates -- Limitation of authorized rate of return for natural gas operations.
• .274 Review of natural gas utility's purchasing practices in determining reasonableness of proposed rates -- Reduction of rates by commission.
• .280 Orders by commission as to service -- Extension of service.
• .285 Demand-side management plans -- Review and approval of proposed plans and mechanisms -- Assignment of costs -- Home energy assistance programs.
• .287 Voluntary energy cost assistance fund -- Customer contributions -- Time of and eligibility for disbursements -- Biennial reports -- Administration costs.
• .290 Valuation of utility property in connection with rates, service or issuance of securities -- Unit rate base.
• .300 Issuance or assumption of securities by utilities.
• .310 Rules for hearings and investigations.
• .320 Process.
• .330 Witnesses.
• .340 Depositions.
• .350 Incriminating evidence -- Immunity of witnesses.
• .360 Record of contested proceedings on formal hearing.
• .370 Recording of order, finding, authorization or certificate -- How proved to be in effect.
• .380 Delivery of orders by electronic transmission or mail.
• .390 Enforcement of orders.
• .400 Rehearing.
• .410 Action to review order of commission -- Institution -- Answer -- Injunction.
• .420 Designation and filing of record -- Cost.
• .430 Burden of proof.
• .440 Evidence to be heard by court -- Remand.
• .450 Judgment of Circuit Court -- Appeal to Court of Appeals.
• .455 Reduction of operating expenses by G&T or distribution cooperative -- Effect on rates -- Authority for administrative regulations.
• .457 Commission's duty to transmit information concerning abandonment of railroad corridor to Department of Parks and Railtrail Development Office.

Interest On Deposits With Public Utilities

• .460 Utilities to pay interest on deposits required of patrons -- Commission to calculate interest rate annually -- Interest rates for water districts and water associations -- Administrative regulations.

Net Metering of Electricity

• .465 Definitions for KRS 278.465 to 278.468.
• .466 Availability of net metering -- Type, expense, and installation of meter -- Calculation of electricity billed -- Rules applicable to billing -- Safety and power quality standards -- Transferability of installation.
• .467 Jurisdiction over disputes -- Guidelines -- Forms -- Posting on Web site.
• .468 KRS 278.465 to 278.468 not applicable to certain United States agencies or instrumentalities.

Oil and Gas Pipelines and Related Facilities

• .470 Companies transporting oil or gas by pipeline are common carriers.
• .480 Pipeline companies may deliver oil or gas on order of person in possession.
• .485 Gas pipeline company to furnish gas -- When -- Rates -- Duty of person applying for gas service and gas pipeline company -- Abandonment of gas wells -- Discontinuance of service -- Right to tap a gathering line.
• .490 Transportation of oil or gas received from connecting lines.
• .495 Authority to regulate safety aspects of natural gas facilities.
• .500 Repealed, 1948.
• .501 Repealed, 1966.
• .502 Condemnation for pipelines and related facilities, including rights of ingress and egress.

Natural Gas

• .504 Definitions for KRS 278.505 to 278.507.
• .505 Transportation of natural gas in intrastate commerce by pipelines or local distribution companies with unused excess capacity.
• .506 Gas to meet pipeline quality standards -- Delivery and curtailment provisions.
• .507 Public Service Commission's policy to facilitate greater use of natural gas produced in Kentucky -- Commission's duties and prohibited activities.
• .508 Exemption of sale of natural gas used as a motor vehicle fuel from regulation -- Regulation of transportation, distribution, or delivery of natural gas used as a motor vehicle fuel.
• .5085 Presumption of reasonableness of supply contract for natural gas produced from coal through gasification process.
• .509 Recovery of costs for investment in natural gas pipeline replacement programs.

Telephone and Telegraph Companies

• .510 Consolidation of telephone lines.
• .512 Legislative findings -- Exemption of telecommunications product or service from regulation.
• .514 Exempted service not to be subsidized by nonexempted, regulated telecommunications services.
• .516 Alternative regulation process for small telephone utilities -- Findings -- Definitions -- Procedures -- Withdrawal.
• .520 Transmission of long distance messages from other telephone lines.
• .530 Procedure to compel connection with telephone exchange or line.
• .535 Switching of telecommunications provider -- Penalty -- Administrative regulations.
• .540 Acquisition of right-of-way by telephone or telegraph company -- Condemnation.

Basic and Nonbasic Local Exchange Services

• .541 Definitions for KRS 278.541 to 278.544.
• .542 Effect of KRS 278.541 to 278.544 on commission's jurisdiction -- Filing by telephone utilities required.
• .543 Adoption of price regulation plan -- Rate caps and adjustments -- Jurisdiction of commission -- Exemptions -- Withdrawal from regulation under KRS 278.541 to 278.544.
• .5435 Modification of price regulation plan -- Permitted and prohibited actions -- Jurisdiction of commission -- Exemptions.
• .544 Provisions applicable to all telephone utilities.
• .545 Countywide service by major telephone company required, when.

Broadband and Other Telecommunication Technologies

• .546 Legislative findings and determinations relating to telecommunications.
• .5461 Definitions for KRS 278.546 to 278.5462.
• .54611 Commission's jurisdiction over commercial mobile radio service, interconnection agreements, telecommunications carriers, and cellular towers.
• .5462 Broadband services not subject to state regulation -- Application of requirements of federal statutes and regulations -- Consumer complaints -- Telephone utility provision of service to competing local exchange.

Special Telephone Services

• .547 Definitions for KRS 278.547 to 278.5499.
• .548 Telecommunications relay service program.
• .549 Rates -- Funding mechanism.
• .5499 Funding mechanism for Telecommunications Access Program.
• .550 Repealed, 1986.
• .560 Repealed, 1974.
• .570 Repealed, 1974.
• .580 Repealed, 1974.

Nuclear Power Facilities

• .600 Definitions for KRS 278.600 and 278.610.
• .605 Repealed, 2017.
• .610 Requirements for certification of nuclear power facility.

Antenna Towers

• .650 Procedures for proposals to construct antenna towers in an area outside the jurisdiction of a planning commission -- Hearing -- Building permit fee.
• .660 Repealed, 2002.
• .665 Administrative regulations governing cellular antenna towers to be constructed outside the jurisdiction of a planning commission.

Electric Generation and Transmission Siting

• .700 Definitions for KRS 278.700 to 278.716.
• .702 Kentucky State Board on Electric Generation and Transmission Siting.
• .704 Merchant electric generating facility -- Construction certificate -- Location of exhaust stack -- Setback requirement -- Public meeting concerning property acquisition -- Exception.
• .706 Application for certificate to construct merchant electric generating facility -- Fees -- Replacement or repair does not constitute construction.
• .708 Site assessment report -- Consultant -- Mitigation measures.
• .710 Granting or denial of construction certificate -- Policy of General Assembly -- Transfer of rights and obligation.
• .712 Local public hearing -- Procedure -- Parties -- Action to vacate or set aside ruling.
• .714 Application for certificate to construct nonregulated electric transmission line or carbon dioxide transmission pipeline -- Granting or denial -- Public hearing -- Local public information meeting -- Fee.
• .716 Siting fund.
• .718 Construction of KRS 278.700, 278.704, 278.706, 278.708, and 278.710.

Penalties

• .990 Penalties.
• .992 Penalty for certain pipeline violations.