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Kentucky Certificate of Public Convenience and Necessity (8-KY-c)

Information current as of 2018
In Kentucky, a public utility (developer) may need a Certificate of Public Convenience and Necessity (Certificate) from the Kentucky Public Service Commission (PSC) before providing utility service to or for the public or beginning the construction of a plant, equipment, property or facility. KY. Rev. Stat. Ann. §278.020(1) (2016). A public utility is defined, in part, as any “person who owns, controls, operates, or manages a facility used or to be used for in the connection with the generation, production, transmission or distribution of electricity to or for the public, for compensation, for lights, heat, power or other uses…” KY. Rev. Stat. Ann. §278.010(3) (2011).


The PSC has the authority to regulate public utilities and issue Certificates pursuant to KY. Rev. Stat. Ann. §278.020 (2016) and 807 KY. Admin. Regs. 5:120 (2005).


Certificate of Public Convenience and Necessity Process

8-KY-c.1 to 8-KY-c.2 — Is the Proposed Project Greater than 138 Kilovolts or Longer than 5,280 Feet?

A public utility (developer) must obtain a Certificate to construct a transmission line greater than 138 kilovolts or longer than 5,280 feet. 807 KY. Admin. Regs. 5:120 (2005), KY. Rev. Stat. Ann. §278.020(2) (2016).

8-KY-c.3 to 8-KY-c.4 — Does an Exception Apply to the Project?

Ordinary extensions of existing utilities do not need a Certificate before beginning construction. Ordinary extensions include:

  • Replacing or upgrading existing transmission lines;
  • Relocating existing transmission lines to accommodate roadway construction; and
  • Transmission lines that will only serve a single customer.

KY. Rev. Stat. Ann. §278.020(2) (2016)

8-KY-c.5 — Notice of Intent

A public utility (developer) must notify the PSC of their intent to file a Certificate of Public Convenience and Necessity Application (Application) at least 30 days, but no more than 6 months before filing the Application. 807 KY. Admin. Regs. 5:120(1.1) (2005). The Notice of Intent must include:

  • The name, address, e-mail and phone number of the public utility (developer);
  • A description of the proposed construction site; and
  • The county or counties the construction will be located in.

807 KY. Admin. Regs. 5:120(1.2) (2005).

8-KY-c.6 — Publish Public Notice

The public utility (developer)must publish public notice of the Application in the local newspaper. The notice must include:

  • A map showing the proposed route;
  • A statement explaining the right to request a public hearing; and
  • A statement explaining that interested parties have the right to request to intervene.

807 KY. Admin. Regs. 5:120(2.5) (2005).

8-KY-c.7 — Certificate of Public Convenience and Necessity Application

A public utility (developer)must submit a complete Application to the PSC. The Application should include:

  • The original Application and six (6) additional copies;
  • Three (3) maps of the proposed project area;
  • A verified statement showing the public utility (developer) notified each property owner for which the project will cross; and
  • A copy of the newspaper public notice.

807 KY. Admin. Regs. 5:120(2) (2005). The public utility (developer) may be required to provide a surety bond to the PSC. KY. Rev. Stat. Ann. §278.020(3) (2016).

8-KY-c.8 to 8-KY-c.9 — Review Application Materials for Completeness

The PSC must review the Application for technical and administrative completeness.

8-KY-c.10 to 8-KY-c.12 — Request Public Hearing (Optional)

Any interested party may submit a written request to the PSC for a public hearing. 807 KY. Admin. Regs. 5:120(3.1) (2005). The hearing must be held within 30 days of the Application filing. 807 KY. Admin. Regs. 5:120(3.1) (2005). An individual wanting to participate in an evidential hearing must apply to the PSC to intervene in the case. 807 KY. Admin. Regs. 5:120(3.3) (2005). The public utility (developer) must publish notice of the public hearing in a local newspaper at least five (5) days before the scheduled hearing. 807 KY. Admin. Regs. 5:120(3.4) (2005). The PSC must hold a public hearing if requested. The PSC also has the discretion to hold a public hearing at any time. If the PSC holds a hearing it must be held within 30 days of the Application filing. 807 KY. Admin. Regs. 5:120(3.1) (2005).

8-KY-c.13 to 8-KY-c.14 — Review Application Materials for Approval

The PSC must review the Application for approval. The PSC Commission must issue the final decision within 90 days of receiving the Application. KY. Rev. Stat. Ann. §278.020(9) (2016).

8-KY-c.15 — Certificate of Public Convenience

The public utility (developer) must comply with any restrictions or conditions of the Certificate of Public Convenience.

8-KY-c.16 to 8-KY-c.20 — Application for Rehearing (Optional)

Any party to the Certificate proceeding may, within 20 days after service of the order granting or denying the Certificate, may apply for a hearing. The Application for Rehearing must specify the matters on which the rehearing is sought. The PSC must either or grant or deny the Application for Rehearing within 20 days after it is filed and failure of the PSC to act on the Application within 20 days is deemed a denial of the Application for Rehearing. KY. Rev. Stat. Ann. §278.400. If the PSC decides to hold a rehearing on the Certificate decision, the PSC must give notice of the hearing pursuant to 807 KY. Admin. Regs. 5:120(3.4) (2005). Upon the rehearing any party may offer additional evidence that could not with reasonable diligence have been offered on the formal hearing. Upon the rehearing, the PSC may change, modify, vacate or affirm the decision on the Certificate. KY. Rev. Stat. Ann. §278.400.

8-KY-c.21 — Appeal Decision (Optional)

Any party to a PSC proceeding or any utility affected by an order of the PSC may, within 30 days after service of the order or within 20 days after an Application for rehearing has been denied by failure of the PSC to act, or within 20 days after service of the final order on rehearing, when a rehearing has been granted, bring an action against the PSC in the Franklin Circuit Court to vacate or set aside the order or determination on the ground that it is unlawful or unreasonable. KY. Rev. Stat. Ann. §278.410.


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