Kentucky Public Service Commission Grants Deviation from Notice Requirements for Louisville Gas and Electric Company

Strategic Insights -

The Kentucky Public Service Commission (PSC) has issued an order granting a deviation from the notice requirements for Louisville Gas and Electric Company's (LG&E) application for approval of a retired asset recovery rider for the retirement of Mill Creek Unit 1. The PSC found that LG&E substantially complied with the notice regulation and that the delay in notice was not a result of their actions.

Key Takeaways:

  • The PSC granted LG&E's motion for a deviation from the notice requirements of 807 KAR 5:011, Section 8(2) due to good cause.
  • LG&E requested publication of notice in a timely manner, but there was a delay in notice due to an error by Kentucky Press, an organization that acts on behalf of newspapers of general circulation throughout the Commonwealth of Kentucky.
  • Despite the delay, all customers received notice, and the delay was not a result of LG&E's actions.
  • The PSC found that LG&E substantially complied with the notice requirement, which states that a utility shall provide notice by publishing notice once a week for three consecutive weeks in a prominent manner in a newspaper of general circulation in the utility's service area.
  • The PSC exercises its authority to grant deviations upon a showing of good cause, as permitted by Commission regulations 807 KAR 5:001, Section 22 and 807 KAR 5:011, Section 15.
  • LG&E will be allowed to recover the costs associated with the retirement of Mill Creek Unit 1 under the retired asset recovery rider, beginning with the expense month of January 2025.
  • The PSC found that LG&E's motion for a deviation was made in good faith and that the company substantially complied with the notice requirement.

Statistics:

  • LG&E requested publication of notice in a timely manner on September 20, 2024. (Source: LG&E's Motion for Approval to Deviate From Rule, filed November 15, 2024)
  • The delay in notice was due to an error by Kentucky Press, which failed to publish the notice in The Henry County Local during the prescribed period. (Source: LG&E's Motion for Approval to Deviate From Rule, filed November 15, 2024)
  • LG&E's notice was published in The Henry County Local on October 30, November 6, and November 13, 2024. (Source: Affidavit of Notice, filed November 15, 2024)
  • The PSC found that LG&E substantially complied with the notice requirement, which states that a utility shall provide notice by publishing notice once a week for three consecutive weeks in a prominent manner in a newspaper of general circulation in the utility's service area. (Source: 807 KAR 5:011, Section 8(2)(b)(3))

Sources:

  • LG&E's Motion for Approval to Deviate From Rule (filed November 15, 2024)
  • Affidavit of Notice (filed November 15, 2024)
  • 807 KAR 5:011, Section 8(2)(b)(3)
  • 807 KAR 5:001, Section 22
  • 807 KAR 5:011, Section 15