Kentucky Public Service Commission Grants Intervention to US Department of Defense

Strategic Insights -

The Kentucky Public Service Commission has approved the United States Department of Defense's motion to intervene in a rate adjustment proceeding for Kentucky Utilities Company. This decision allows the Department of Defense to participate fully in the case and represent its interests. In a July 1, 2025, order, the Commission granted intervention to the Department of Defense and its counsel, Kyle J. Smith, citing their unique involvement in national security operations, medical services to veterans, and significant electricity consumption within the utilities company's service area.

Key Takeaways:

  • The Kentucky Public Service Commission granted intervention to the United States Department of Defense in a rate adjustment proceeding for Kentucky Utilities Company, citing its unique interests and significant electricity consumption.
  • The Department of Defense's attorney, Kyle J. Smith, was admitted pro hac vice for the purpose of representing the Department of Defense in the proceeding.
  • The Commission directed the Department of Defense to comply with all provisions of the Commission's regulations related to the service and electronic filing of documents.
  • The Department of Defense must file a written statement with the Commission within seven days of service of the order, certifying that it possesses the facilities to receive electronic transmissions and setting forth the electronic mail address to which all electronic notices and messages related to the proceeding shall be served.
  • The Commission found that the Department of Defense's intervention will assist in presenting issues and developing facts in the matter.
  • The Commission also found that James Brannon Dupree, a member of the Kentucky Bar Association, will act as co-counsel for the Department of Defense in the proceeding.
  • The Commissioner's order directed the Department of Defense to adhere to the procedural schedule set forth in the Commission's June 18, 2025, Order and as amended by subsequent Orders.

Statistics:

  • The Department of Defense is a significant electricity consumer within the Kentucky Utilities Company's service area.
  • The Commission believes that the Department of Defense's intervention will assist in presenting issues and developing facts in the matter.
  • The Department of Defense has a unique interest in the proceeding due to its involvement in national security operations and medical services to veterans.
  • The Commission has granted intervention to the Department of Defense and its counsel, Kyle J. Smith, in a rate adjustment proceeding for Kentucky Utilities Company.
  • The Department of Defense must comply with all provisions of the Commission's regulations related to the service and electronic filing of documents.

Sources:

  • Commonwealth of Kentucky, Public Service Commission. (2025, July 01). 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 Order.
  • 807 KAR 5:001, Section 4(11).