278.017 Establishing boundaries of certified areas.
443 words·~2 min read·
/ky/chapter-278/278-017A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except as otherwise provided in this section, the boundaries of the certified territory
of each retail electric supplier are hereby set as a line or lines substantially
equidistant between its existing distribution lines and the nearest existing
distribution lines of any other retail electric supplier in every direction, with the
result that there is hereby certified to each retail electric supplier such area which in
its entirety is located substantially in closer proximity to one of its existing
distribution lines than to the nearest existing distribution line of any other retail
electric supplier.
(2)On or before one hundred twenty
(120)days after June 16, 1972, or, when requested
in writing by a retail electric supplier and for good cause shown, such further time
as the commission may fix by order, each retail electric supplier shall file with the
commission a map or maps showing all of its existing distribution lines. The
commission shall prepare or cause to be prepared within one hundred twenty
days thereafter a map or maps of uniform scale to show, accurately and clearly, the
boundaries of the certified territory of each retail electric supplier as established
under subsection
(1)of this section, and shall issue such map or maps of certified
territory to each retail electric supplier. Any retail electric supplier who feels itself
aggrieved by reason of a certification of territory pursuant to this section may
protest the certification of territory within a one hundred twenty day period after
issuance of the map of certified territory by the commission; and the commission
shall have the power, after hearing, to revise or vacate such certified territories or
portions thereof.
(3)In such hearing, the commission shall be guided by the following conditions as they
existed on June 16, 1972:
(a)The proximity of existing distribution lines to such certified territory.
(b)Which supplier was first furnishing retail electric service, and the age of
existing facilities in the area.
(c)The adequacy and dependability of existing distribution lines to provide
dependable, high quality retail electric service at reasonable costs.
(d)The elimination and prevention of duplication of electric lines and facilities
supplying such territory. In its determination of such protest, the commission
hearing shall be de novo; and neither supplier shall bear the burden of proof.
(4)In each area, where the commission shall determine that the existing distribution
lines of two or more retail electric suppliers are so intertwined or located that
subsection
(1)of this section cannot reasonably be applied, the commission shall,
after hearing, certify the service territory or territories for the retail electric suppliers
under the provisions of subsection
(3)of this section.