Kentucky Public Service Commission Grants Intervention to Kentucky Industrial Utility Customers in Renewable Energy Purchase Agreement Case

Strategic Insights -

The Kentucky Public Service Commission has issued an order granting intervention to the Kentucky Industrial Utility Customers, Inc. (KIUC) in the case of Kentucky Power Company's request for approval of a Renewable Energy Purchase Agreement with Bright Mountain Solar, LLC. The Commission found that KIUC has a special interest in the proceeding that is not otherwise adequately represented, and that intervention is likely to present issues or develop facts that will assist the Commission in considering the matter. KIUC's motion to intervene was granted, and it is entitled to the full rights of a party in the proceeding.

Key Takeaways:

  • The Kentucky Public Service Commission granted intervention to the Kentucky Industrial Utility Customers, Inc. (KIUC) in the case of Kentucky Power Company's request for approval of a Renewable Energy Purchase Agreement with Bright Mountain Solar, LLC.
  • KIUC's motion to intervene was granted on the basis that it has a special interest in the proceeding that is not otherwise adequately represented, and that intervention is likely to present issues or develop facts that will assist the Commission in considering the matter.
  • KIUC is Kentucky Power Company's largest customer, representing 15 percent of Kentucky Power's energy sold, according to the Commission's findings.
  • KIUC has a long history of being an active participant in Commission proceedings, including those involving Kentucky Power, and will be a constructive role in this case, according to KIUC's motion for intervention.
  • The Commission directed KIUC to the Commission's July 22, 2021 Order in Case No. 2020-000858 regarding filings with the Commission.

Statistics:

  • 15 percent: the percentage of Kentucky Power's energy sold that is represented by KIUC's largest customer, Marathon (KIUC's Motion for Intervention, Aug. 12, 2024)
  • Approximately 10 individuals: were served with the Commission's Order granting intervention, including representatives from Kentucky Power, the Office of the Attorney General, and other parties (Public Service Commission, Case No. 2024-00243)
  • 7 days: the timeframe for KIUC to file a written statement with the Commission certifying that it or its agent possesses the facilities to receive electronic transmissions, and setting forth the electronic mail address to which all electronic notices and messages related to this proceeding shall be served (807 KAR 5:001, Section 8(9))

Sources:

  • Frankfort, KY: Kentucky Public Service Commission, Order in Case No. 2024-00243, issued on September 3, 2024
  • 807 KAR 5:001, Section 4(11)
  • KIUC's Motion for Intervention, filed on August 12, 2024
  • Commission's July 22, 2021 Order in Case No. 2020-000858
  • KRS 367.150(8)(b)
  • Inter-County Rural Electric Cooperative Corporation v. Public Service Commission of Kentucky, 407 S.W.2d 127 (Ky. 1966)