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Kentucky Revised Statutes

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Statutes Last Updated June 26, 2007

Includes Enactments through the 2007 Regular Session
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KRS Chapter 278.00


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.

  • .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  • .025   Repealed, 2002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.

  • .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  • .045   Repealed, 1980.

  • .046   Repealed, effective July 15, 1986.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   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.

  • .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 -- 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 -- Filing of tariff with commission.

  • .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 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.

  • .560   Repealed, 1974.

  • .570   Repealed, 1974.

  • .580   Repealed, 1974.

  • Nuclear Power Facilities

  • .600   Definitions.

  • .605   Construction prohibited until means for disposal of high level nuclear waste approved by United States government.

  • .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.

  • .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 -- Granting or denial -- Public hearing -- Fee.

  • .716   Siting fund.

  • Penalties

  • .990   Penalties.

  • .992   Penalty for certain pipeline violations.

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