Kentucky Revised Statutes (Last Updated: May 10, 2014) |
TITLE XXIV. PUBLIC UTILITIES |
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. |
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 Repealed, 2002 [Repealed] |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 Repealed, 1980. [Repealed] |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 Repealed, effective July 15, 1986. [Repealed] |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. |
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 |
Net Metering of Electricity |
465. Definitions for KRS 278.465 to 278.468. |
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. |
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. |
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. |
716. Siting fund. |
Penalties |
990. Penalties. |
992. Penalty for certain pipeline violations. |