Kentucky Public Service Commission Grants Kroger Full Intervention in Electric Rate Case

Strategic Insights -

The Kentucky Public Service Commission has issued an order granting The Kroger Co. (Kroger) full intervention in the electric rate case of Kentucky Utilities Company (KU). This decision was made on July 2, 2025, following a motion filed by Kroger on June 25, 2025. Kroger stated that it is one of the largest retail food companies in the United States, utilizing millions of kWh annually from KU, and its high-load-factor facilities operate 24 hours a day, 7 days a week. The Commission found that Kroger has a special interest in the proceeding and will likely present issues or develop facts that will assist the Commission in fully considering the matter without unduly complicating or disrupting the proceedings.

Key Takeaways:

  • The Kentucky Public Service Commission granted Kroger full intervention in the electric rate case of KU.
  • Kroger filed a motion to intervene on June 25, 2025, stating it has a special interest in the proceeding and will present issues that will assist the Commission.
  • Kroger is a large customer of KU, utilizing high-load-factor facilities that operate 24 hours a day, 7 days a week.
  • Kroger's intervention will be limited to intra-class rate design for secondary voltage rate schedules.
  • Kroger must file a written statement with the Commission within seven days of service of the Order, certifying it has the facilities to receive electronic transmissions and setting forth the electronic mail address for service.
  • The Commission directed Kroger to the July 22, 2021, Order in Case No. 2020-000857 regarding filings with the Commission.
  • The Order was signed by Chairman, Vice Chairman, and Commissioner of the Kentucky Public Service Commission.

Statistics:

  • Kroger uses millions of kWh annually from KU.
  • Kroger's peak load is high due to its 24/7 operations.
  • Kentucky Public Service Commission received 16 motions to intervene in this case, with Kroger being one of them.

Sources:

  • Order on Motion to Intervene by Kroger Co. in the Electric Rate Case of Kentucky Utilities Company, Case No. 2025-00113.
  • Kroger's Motion to Intervene in the Electric Rate Case of Kentucky Utilities Company, filed June 25, 2025.
  • 807 KAR 5:001, Section 8, related to the service and electronic filing of documents.
  • July 22, 2021, Order in Case No. 2020-000857 regarding filings with the Commission.
  • KRS 367.150(8)(b), stating the Attorney General's statutory right to intervene in Commission cases.