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Kentucky Electric Cooperatives Respond to KBCA's Statement in Pole Attachment Tariff Case

Strategic Insights

— 1 min read

The Kentucky Public Service Commission has issued a response from Kentucky's electric cooperatives (Cooperatives) to the Kentucky Broadband and Cable Association's (KBCA) statement regarding the case of rural electric cooperative corporations' proposed pole attachment tariffs. The Cooperatives, represented by counsel Edward T. Depp and Holly C. Wallace, oppose KBCA's request to reject the proposed tariff changes and suspend the effective date of the pole attachment tariffs. The Cooperatives argue that KBCA's objections are based on revised language that was subsequently addressed in the April 2025 tariff filings.

Key Takeaways:

  • KBCA's objections to the Cooperatives' July 2024 tariff related to language that was subsequently revised in the April 2025 tariff filings, to which KBCA did not object.
  • KBCA's sole objection to the Cooperatives' April 2025 pole attachment tariff relates solely to the 30-day window for a series of applications to be considered as one application.
  • The Cooperatives argue that there is no reasonable basis to suspend the April 2025 tariffs, which will supersede the July 2024 tariffs.
  • The Cooperatives maintain that KBCA's objections are moot due to the revised tariff language in the April 2025 filings.
  • The Cooperatives request that the Commission dismiss the proceeding because the allegations concerning the underlying tariff have been mooted by the Cooperatives' April 2025 tariff.

Statistics:

  • July 31, 2024: The Cooperatives filed their proposed pole attachment tariffs.
  • April 2025: The Cooperatives filed revised pole attachment tariffs in response to KBCA's objections.
  • May 23, 2025: The Cooperatives filed a response in opposition to KBCA's objections.
  • October 30, 2024: The Commission issued an Order making the 14 listed electric cooperatives party to the case.
  • July 22, 2021: The Commission issued an Order regarding electronic filing and service.

Sources:

  • Kentucky Public Service Commission, COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of: ELECTRONIC INVESTIGATION OF THE PROPOSED POLE ATTACHMENT TARIFFS OF RURAL ELECTRIC COOPERATIVE CORPORATIONS, Case No. 2024-00280.
  • The Cooperatives' Response in Opposition to KBCA's Objections, filed on May 23, 2025, in Case No. 2023-00416.
  • Dinsmore & Shohl LLP, counsel for Kentucky's Electric Cooperatives, 101 S. Fifth Street, Suite 2500, Louisville, KY 40202.

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