Last Updated July 23, 2012
Enactments through the 2012 Extraordinary Session
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Terms & Conditions
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KRS Chapter 278.00
Terms & Conditions
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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.025 Repealed, 2002
.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.045 Repealed, 1980.
.046 Repealed, effective July 15, 1986.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 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.
.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.
.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.
.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
.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
.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.
.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
.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.
.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 or carbon dioxide transmission pipeline -- Granting or denial -- Public hearing -- Local public information meeting -- Fee.
.716 Siting fund.
.992 Penalty for certain pipeline violations.