Kentucky Public Service Commission Grants Confidential Treatment to Kentucky Utilities Company

Strategic Insights -

The Kentucky Public Service Commission has granted confidential treatment to the third-party appraisal report for the Middlesboro Business Office of Kentucky Utilities Company. This decision was made to protect commercially sensitive information that could cause competitive harm to the company in future real estate transactions. The commission cited 807 KAR 5:001, Section 13, and KRS 61.878(1)(c)(1) as the basis for granting confidentiality. The report will remain confidential until the real estate transactions for the Middlesboro Business Office have closed or until further order of the Commission.

Key Takeaways:

  • The Kentucky Public Service Commission granted confidential treatment to the third-party appraisal report for the Middlesboro Business Office of Kentucky Utilities Company.
  • The decision was made to protect commercially sensitive information that could cause competitive harm to the company in future real estate transactions.
  • The commission cited 807 KAR 5:001, Section 13, and KRS 61.878(1)(c)(1) as the basis for granting confidentiality.
  • The report will remain confidential until the real estate transactions for the Middlesboro Business Office have closed or until further order of the Commission.
  • Kentucky Utilities Company argued that public disclosure of the appraisement report would cause competitive harm because it would disadvantage the company in negotiating the sale of the Middlesboro Business Office.
  • The company further stated that the third-party appraisal report contains commercially sensitive information that is not publicly available and is critical to the success of its foreseeable real estate transactions.
  • The information is generally recognized as confidential and proprietary, according to the company.
  • The commission ordered that the designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection until such time as the real estate transactions for the Middlesboro Business Office have closed.
  • Kentucky Utilities Company will be responsible for informing the Commission in the event that the designated material becomes publicly available or no longer qualifies for confidential treatment.

Statistics:

  • Case No.: 2024-00198
  • Date of Order: May 05, 2025
  • Date of Kentucky Utilities Company's Petition: August 12, 2024
  • Timeframe for confidential treatment: Until real estate transactions for the Middlesboro Business Office have closed or until further order of the Commission
  • Time allowed for Kentucky Utilities Company to demonstrate that the material still falls within the exclusions from disclosure requirements: 30 days from receipt of written notice of the request to inspect
  • Time allowed for the Commission to make the requested material available for inspection: 30 days from the date of service of an Order finding that the material no longer qualifies for confidential treatment

Sources:

  • Public Service Commission of Kentucky. (2025, May 05). Order in the Matter of: Electronic Application of Kentucky Utilities Company for Authority to Transfer the Former Middlesboro Business Office. Case No. 2024-00198.
  • Kentucky Utilities Company. (2024, August 12). Petition for Confidential Treatment.