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 -- Severability of provisions.
021. Receivership for abandoned utility -- Criteria for finding of abandonment -- Consolidation of actions -- Powers and duties of receiver -- Temporary receivership.
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 Repealed, 2002 [Repealed]
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 Repealed, 1980. [Repealed]
046. Repealed, effective July 15, 1986. [Repealed]
047. Renumbered as KRS 96.534. [Renumbered]
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. Notification to customers of proposed rate change by sewerage corporations.
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. Service of orders.
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. [Repealed]
501. Repealed, 1966. [Repealed]
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 gassification 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.
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, customer complaints, 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. [Repealed]
560. Repealed, 1974. [Repealed]
570. Repealed, 1974. [Repealed]
580. Repealed, 1974. [Repealed]
Nuclear Power Facilities
600. Definitions.
605. Construction prohibited until means for disposal of high-level nuclear waste approved by United States government -- Exceptions for nuclear-based technologies.
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. [Repealed]
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.
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.
Penalties
990. Penalties.
992. Penalty for certain pipeline violations.