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Kentucky Public Service Commission Issues Statement on Proposed Pole Attachment Tariffs

Strategic Insights

— 2 min read

The Kentucky Public Service Commission (PSC) is considering a proposal to reject tariff changes regarding pole attachments filed by rural electric cooperative corporations (RECCs). The Kentucky Broadband and Cable Association (KBCA) has recommended that the PSC reject the proposed tariff changes and suspend the effective date of the pole attachment tariffs filed by pole owners. The KBCA's recommendation is based on updated emergency regulations and proposed amendments to permanent regulations that are moving through the administrative promulgation process.

Key Takeaways:

  • The KBCA recommends that the PSC reject the proposed tariff changes regarding pole attachments filed on July 31, 2024, by the RECCs.
  • The KBCA also recommends that the PSC suspend the effective date of the pole attachment tariffs filed by pole owners in April 2025.
  • The updated emergency regulation 807 KAR 5:015E and the proposed amendments to the permanent regulation 807 KAR 5:015 are justifying the KBCA's recommendations.
  • The emergency regulations and proposed amendments have facilitated communications between pole owners and attachers through actions in Case No. 2023-00416.
  • The KBCA's members have attempted to work collaboratively with the RECCs and other pole owners on issues related to pole attachments.
  • The Commission has scheduled a hearing on the proposed amendments to the permanent regulations for May 29, 2025.
  • The emergency regulations issued in 2024 and 2025 have served as a catalyst for the pole owners to submit proposed revisions to their tariffs.
  • The Commission has proposed updated tariffs to be filed when the permanent regulation is promulgated, which is anticipated later this year.

Statistics:

  • The RECCs filed amendments to their respective pole attachment tariffs on July 31, 2024, pursuant to 807 KAR 5:015E.
  • The RECCs proposed an effective date of August 31, 2024, for each of their tariffs.
  • The Commission must render a decision on the proposed tariff changes no later than May 30, 2025, according to KRS 278.190(3).
  • There are 11 RECCs that have filed proposed tariff changes regarding pole attachments: Big Rivers Electric Corporation, Big Sandy Rural Electric Cooperative Corporation, Blue Grass Energy Cooperative Corp., Clark Energy Cooperative, Inc., Cumberland Valley Electric, Inc., Farmers Rural Electric Cooperative Corporation, Fleming-Mason Energy Cooperative, Inc., Grayson Rural Electric Cooperative Corporation, Inter-County Energy Cooperative Corporation, Jackson Energy Cooperative Corporation, Jackson Purchase Energy Corporation, Kenergy Corp., Meade County Rural Electric Cooperative Corporation, Nolin Rural Electric Cooperative Corporation, Owen Electric Cooperative, Inc., Salt River Electric Cooperative Corp., Shelby Energy Cooperative, Inc., South Kentucky Rural Electric Cooperative Corporation, and Taylor County Rural Electric Cooperative Corporation.

Sources:

  • COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of: ELECTRONIC INVESTIGATION OF THE PROPOSED POLE ATTACHMENT TARIFFS OF RURAL ELECTRIC COOPERATIVE CORPORATIONS CASE NO. 2024-00280
  • STURGILL, TURNER, BARKER & MOLONEY, PLLC

Date: August 23, 2024

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