PUBLIC SERVICE COMMISSION
KRS tit. XXIV, ch. 278
in effectContents
section278.010. Definitions for KRS 278.010 to 278.450, 278.541 to 278.544, 278.546 to 278.5462, and 278.990section278.012. Water association subject to Public Service Commission -- Exceptionssection278.015. Water district; combined water, gas, or sewer district; or water commission a public utility subject to Public Service Commission -- Exceptionssection278.016. Commonwealth to be divided into geographical service areassection278.017. Establishing boundaries of certified areassection278.018. Right to serve certified territorysection278.019. Deadlines for commission to issue final orders -- Failure to meet deadline deemed approvalsection278.020. 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 --section278.021. 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 applicationssection278.022. Utility to notify commission upon receipt of notice of discontinuance or termination from suppliersection278.023. Approval of federally-funded construction projects -- Commission review of agreement and supporting documents -- Surchargesection278.025. Repealed, 2002section278.027. Application for certificate -- Publishing notice of hearingsection278.030. 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 presentsection278.035. Prohibition against preferential retail rates for utility services for certain publicly-funded entities -- Exceptionsection278.038. Public Service Commission -- Appointments -- Membership -- Vacancies -- Limitationssection278.040. Public Service Commission operations -- Hearings -- Compensation -- Contracts -- Jurisdiction -- Regulationssection278.042. Service adequacy and safety standards for electric utilities--National Electrical Safety Codesection278.045. Repealed, 1980section278.046. Repealed, effective July 15, 1986section278.047. Renumbered as KRS 96.534section278.050. Repealed, 2026section278.060. Qualifications of commissioners -- Oath -- Restrictions on conductsection278.070. Removal of commissionerssection278.080. Quorum -- Performance of functions by less than a majority of commissioners or by hearing examinerssection278.090. Office and hours -- Meetingssection278.100. Executive directorsection278.110. Additional employees -- Documents prepared by certain contracted persons filed in the record -- Testimonysection278.115. Commission to establish internal organization of its officessection278.120. Compensation and expenses of commissioners, executive director, and employeessection278.130. Assessments against utilities -- Applications for adjustmentsection278.140. Report of gross earnings from intrastate businesssection278.150. Payment of assessments -- Certification of deduction by commission -- Administration of funds collectedsection278.0152. Water utility permitted to charge a tapping fee for installing service to customersection278.0154. Water district or water association may assess customer a late payment charge of 10% of amount billed -- How charge assessed and applied -- Commission without power to affect late payment charge -- Waiver of late payment chargesection278.160. 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 contractssection278.170. Discrimination as to rates or service -- Free or reduced rate servicessection278.172. Rate classification for certain entitiessection278.180. Changes in rates, how madesection278.183. Surcharge to recover costs of compliance with environmental requirements for coal combustion wastes and by-products -- Environmental compliance plan, review and adjustmentsection278.185. Repealed, 2014section278.190. Procedure when new schedule of rates filed -- Suspension of new rate schedule -- Burden of proof -- Refundssection278.192. Test period for proposed rate increasesection278.200. Power to regulate rates and service standards fixed by agreement with citysection278.210. Examination and testing of meters and meter-testing devicessection278.212. Filing of plans for electrical interconnection with merchant electric generating facility -- Costs of upgrading existing gridsection278.214. Curtailment of service by utility or generation and transmission cooperativesection278.216. Site compatibility certificate -- Site assessment report -- Commission action on applicationsection278.218. Approval of commission for change in ownership or control of assets owned by utilitysection278.220. Uniform system of accounts for utilitiessection278.225. Time limitation on billing -- Liability for unbilled servicesection278.230. Access to property, books and records of utilities -- Reports and information may be requiredsection278.240. Certified copies of commission's records -- Use as evidencesection278.250. Investigation of condition of utilitysection278.255. Periodic management and operation auditssection278.260. Jurisdiction over complaints as to rates or service -- Investigations -- Hearingsection278.262. Definitions for KRS 278.262 and 278.264section278.264. Commission approval or denial of retirement of electric generating unit -- Rebuttable presumption against retiring fossil fuel -fired generating unit -- Evidence of costs -- Report -- Definitions for section -- Recovery of costs to utility related to decommissioning, removal and salvage, and depreciation allowedsection278.270. Orders by commission as to ratessection278.271. Allowable recovery of costs not recovered in existing utility rates -- Conditions -- Duration of cost recoverysection278.272. Consideration of natural gas purchasing transactions in determining just and reasonable rates -- Limitation of authorized rate of return for natural gas operationssection278.274. Review of natural gas utility's purchasing practices in determining reasonableness of proposed rates -- Reduction of rates by commissionsection278.277. Fuel adjustment cost recovery extension -- Any coal severance taxes imposed a factor in any fuel adjustment clause reviewsection278.280. Orders by commission as to service -- Extension of servicesection278.285. Demand-side management plans -- Review and approval of proposed plans and mechanisms -- Assignment of costs -- Home energy assistance programssection278.287. Voluntary energy cost assistance fund -- Customer contributions -- Time of and eligibility for disbursements -- Biennial reports -- Administration costssection278.290. Valuation of utility property in connection with rates, service or issuance of securities -- Unit rate basesection278.295. Determination of value of acquired water and sewer system assets for ratemaking purposessection278.300. Issuance or assumption of securities by utilitiessection278.310. Rules for hearings and investigationssection278.320. Processsection278.330. Witnessessection278.340. Depositionssection278.350. Incriminating evidence -- Immunity of witnessessection278.360. Record of contested proceedings on formal hearingsection278.370. Recording of order, finding, authorization or certificate -- How proved to be in effectsection278.380. Delivery of orders by electronic transmission or mailsection278.390. Enforcement of orderssection278.400. Rehearingsection278.410. Action to review order of commission -- Institution -- Answer -- Injunctionsection278.420. Designation and filing of record -- Costsection278.430. Burden of proofsection278.440. Evidence to be heard by court -- Remandsection278.450. Judgment of Circuit Court -- Appeal to Court of Appealssection278.455. Reduction of operating expenses by G&T or distribution cooperative -- Effect on rates -- Authority for administrative regulationssection278.457. Commission's duty to transmit information concerning abandonment of railroad corridor to Department of Parks and Railtrail Development Officesection278.460. Utilities to pay interest on deposits required of patrons -- Commission to calculate interest rate annually -- Interest rates for water districts and water associations -- Administrative regulationssection278.465. Definitions for KRS 278.465 to 278.468section278.466. Availability of net metering -- Type, expense, and installation of meter -- Compensation to eligible customer-generators for electricity fed back into grid -- Commission to set compensation rate -- Excess generation credits nonrefundable -- Twenty-five year cap on preexisting net metering tariff provisions -- Safety and power quality standards -- Transferability ofsection278.467. Jurisdiction over disputes -- Guidelines -- Forms -- Posting on Web sitesection278.468. KRS 278.465 to 278.468 not applicable to certain United States agencies or instrumentalitiessection278.470. Companies transporting oil or gas by pipeline are common carrierssection278.480. Pipeline companies may deliver oil or gas on order of person in possessionsection278.485. 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 linesection278.490. Transportation of oil or gas received from connecting linessection278.495. Authority to regulate safety aspects of natural gas facilitiessection278.500. Repealed, 1948section278.501. Repealed, 1966section278.502. Condemnation for pipelines and related facilities, including rights of ingress and egresssection278.504. Definitions for KRS 278.505 to 278.507section278.505. Transportation of natural gas in intrastate commerce by pipelines or local distribution companies with unused excess capacitysection278.506. Gas to meet pipeline quality standards -- Delivery and curtailment provisionssection278.507. Public Service Commission's policy to facilitate greater use of natural gas produced in Kentucky -- Commission's duties and prohibited activitiessection278.508. 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 fuelsection278.509. Recovery of costs for investment in natural gas pipeline replacement programssection278.510. Repealed, 2019section278.512. Legislative findings -- Exemption of telecommunications product or service from regulationsection278.514. Exempted service not to be subsidized by nonexempted, regulated telecommunications servicessection278.516. Alternative regulation process for small telephone utilities -- Findings -- Definitions -- Procedures -- Withdrawalsection278.520. Transmission of long distance messages from other telephone linessection278.530. Procedure to compel connection with telephone exchange or linesection278.535. Switching of telecommunications provider -- Penalty -- Administrative regulationssection278.540. Acquisition of right-of-way by telephone or telegraph company -- Condemnationsection278.541. Definitions for KRS 278.541 to 278.544section278.542. Effect of KRS 278.541 to 278.544 on commission's jurisdiction -- Filing by telephone utilities requiredsection278.543. Adoption of price regulation plan -- Rate caps and adjustments -- Jurisdiction of commission -- Exemptions -- Withdrawal from regulation under KRS 278.541 to 278.544section278.544. Provisions applicable to all telephone utilitiessection278.545. Repealed, 2019section278.546. Legislative findings and determinations relating to telecommunicationssection278.547. Definitions for KRS 278.547 to 278.5499section278.548. Telecommunications relay service programsection278.549. Rates -- Funding mechanismsection278.550. Repealed, 1986section278.560. Repealed, 1974section278.570. Repealed, 1974section278.580. Repealed, 1974section278.600. Definitions for KRS 278.600 and 278.610section278.605. Repealed, 2017section278.610. Requirements for certification of nuclear power facilitysection278.615. Cost recovery for certain nuclear energy generating facility permits and licenses -- Definitions for sectionsection278.650. Procedures for proposals to construct antenna towers in an area outside the jurisdiction of a planning commission -- Hearing -- Building permit feesection278.660. Repealed, 2002section278.665. Administrative regulations governing cellular antenna towers to be constructed outside the jurisdiction of a planning commissionsection278.670. Definitions for KRS 278.670 to 278.696 and 65.114section278.672. Application for financing order for deferred costs -- Requirements -- Deadlinesection278.674. Application proceedings -- Commission findings -- Retention of consultants -- Issuance advice lettersection278.676. Financing order -- Prior issuance of bonds -- Conditions on securitized propertysection278.678. Utility to file documents with commission -- Parameters for securitized bonds -- Semiannual monthly surcharge update -- Adjustments -- Commission review -- Irrevocability of finance ordersection278.680. Issuance of securitized bonds by electric utility -- Subsequent financing order -- Limits on commission -- Discretion of electric utilitysection278.682. Securitized surcharges to be line-itemed on customer billingsection278.684. Property right to securitized property -- Right to transfer or assign -- Default and sequestration -- Rights of successor to electric utilitysection278.686. Exemption from Uniform Commercial Code -- Security interest binding -- Filing of financing statement with Secretary of State -- Priority of securitized interest -- Exercise of rights and remedies upon defaultsection278.688. Sale, assignment, or transfer of securitized property -- Application of income tax law to transaction -- Conditions for enforceabilitysection278.690. Priority of transfer not impaired by modification -- Priority of conflicting interestssection278.692. Financing statement maintained by Secretary of State -- Perfection of a security interest by filing of financing statementsection278.694. Application -- Liability restriction -- No obligation of taxationsection278.696. Assignee or financing party not an electric utility or provider of electric service -- Application of KRS 278.670 to 278.696 and 65.114 -- Severancesection278.700. Definitions for KRS 278.700 to 278.716section278.702. Kentucky State Board on Electric Generation and Transmission Sitingsection278.704. Merchant electric generating facility -- Construction certificate -- Location of exhaust stack -- Decommissioning and setback requirements -- Public meeting concerning property acquisition -- Exceptionsection278.706. Application for certificate to construct merchant electric generating facility -- Requirements -- Fees -- Replacement or repair does not constitute construction -- Proceeds from sale of salvaged materials -- Administrative regulationssection278.708. Site assessment report -- Consultant -- Mitigation measuressection278.710. Granting or denial of construction certificate -- Policy of General Assembly -- Duties upon receipt of construction certificate -- Compliance and monitoringsection278.712. Local public hearing -- Procedure -- Parties -- Action to vacate or set aside rulingsection278.714. Application for certificate to construct nonregulated electric transmission line or carbon dioxide transmission pipeline -- Granting or denial -- Public hearing -- Local public information meeting -- Feesection278.716. Siting fundsection278.718. Construction of KRS 278.700, 278.704, 278.706, 278.708, and 278.710section278.990. Penaltiessection278.992. Penalty for certain pipeline violationssection278.2201. Prohibition against subsidy of nonregulated activity -- Separate accountingsection278.2203. Cost allocation of regulated and nonregulated activitysection278.2205. Cost allocation manual for nonregulated activity -- Contents -- Maintenancesection278.2207. Transactions between utility and affiliate -- Pricing requirements -- Request for deviationsection278.2209. Documentation regarding cost allocationsection278.2211. Remedies for noncompliance utility and affiliate -- Access to records -- Disallowance of costs -- Auditsection278.2213. Separate recordkeeping for utility and affiliate -- Prohibited business practices -- Confidentiality of information -- Notice of service available from competitorsection278.2215. Exemptionssection278.2219. Waiver or deviation from requirements of KRS 278.2201 to 278.2213section278.5085. Presumption of reasonableness of supply contract for natural gas produced from coal through gasification processsection278.5435. Modification of price regulation plan -- Permitted and prohibited actions -- Jurisdiction of commission -- Exemptionssection278.5461. "Local exchange carrier" defined for KRS 278.546 to 278.5462section278.5462. 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 exchangesection278.5464. Provision of broadband service to unserved and underserved households and businesses -- Facilitation by distribution cooperativesection278.5499. Funding mechanism for Telecommunications Access Programsection278.54611. Commission's jurisdiction over commercial mobile radio service, interconnection agreements, telecommunications carriers, and cellular towers
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38583Fetched: 10/20/2026