Kentucky Public Service Commission Grants Deviation from Customer Notice Requirements to Kentucky Utilities Company

Strategic Insights -

The Kentucky Public Service Commission has granted a deviation from the customer notice requirements to Kentucky Utilities Company (KU) in its electric rate adjustment and approval of certain regulatory and accounting treatments case. This decision was made based on KU's motion, filed on July 14, 2025, to deviate from the customer notice requirements in 807 KAR 5:011, Section 8(2)(b)(3), as it relates to the Abbreviated Notice published in all newspapers of general circulation in KU's service territory. The Commission found that KU had provided good cause to deviate from the notice requirements, citing a one-day delay in publication of the Abbreviated Notice by one newspaper.

KU had requested publication of the notice in a timely manner, but one newspaper, The Leitchfield Grayson News, published the notice late, on June 14, 2025, instead of the requested deadline of June 13, 2025. The Commission concluded that this one-day delay in publication would not prejudice any customers and that KU had substantially complied with the regulation. The deviation was granted pursuant to 807 KAR 5:001, Section 22, and 807 KAR 5:011, Section 15.

Key Takeaways:

  • Kentucky Utilities Company (KU) filed a motion on July 14, 2025, to deviate from the customer notice requirements in 807 KAR 5:011, Section 8(2)(b)(3), as it relates to the Abbreviated Notice published in all newspapers of general circulation in KU's service territory.
  • The motion was granted by the Kentucky Public Service Commission based on KU's argument that despite a one-day delay in publication by one newspaper, two newspapers with the largest circulation in Kentucky, The Lexington Herald-Lead and The Courier-Journal, timely published the notice for three consecutive weeks.
  • The Commission found that KU had provided good cause to deviate from the notice requirements and that the one-day delay in publication would not prejudice any customers.
  • The deviation was granted pursuant to 807 KAR 5:001, Section 22, and 807 KAR 5:011, Section 15.
  • The Commission's decision highlights the importance of timely and adequate notice to customers, as well as the consideration of circumstances that may impact the ability of utility companies to comply with regulatory requirements.

Statistics:

  • One (1) newspaper of general circulation, The Leitchfield Grayson News, failed to timely publish the third week of notice by June 13, 2025.
  • Two (2) newspapers with the largest circulation in Kentucky, The Lexington Herald-Leader and The Courier-Journal, timely published the abbreviated notice for three consecutive weeks beginning on May 28, 2025, and May 30, 2025, respectively.
  • The Commission granted the deviation based on KU's argument that the one-day delay in publication by one newspaper would not prejudice any customers.

Sources:

  • Commonwealth of Kentucky Before the Public Service Commission In the Matter of: Electronic Application of Kentucky Utilities Company for an Adjustment of its Electric Rates and Approval of Certain Regulatory and Accounting Treatments Case No. 2025-00113
  • Motion to Deviate (Motion) (filed July 14, 2025)
  • Commission regulation 807 KAR 5:011, Section 8(2)(b)(3)
  • Commission regulation 807 KAR 5:001, Section 17(2)(b)(3)
  • Commission regulation 807 KAR 5:001, Section 22
  • Commission regulation 807 KAR 5:011, Section 15