Kentucky Public Service Commission Suspends Data Center Power Tariff on East Kentucky Power Cooperative's Proposed Tariff

Strategic Insights -

The Kentucky Public Service Commission (PSC) has issued an order suspending the effective date of East Kentucky Power Cooperative, Inc.'s (EKPC) proposed tariff for data center power. The proposed tariff, which would establish a new rate for data centers, was filed on April 30, 2025. The PSC has determined that an investigation is necessary to determine the reasonableness of the proposed tariff and has suspended its effective date for five months, up to and including October 31, 2025.

Key Takeaways:

  • The PSC has suspended the effective date of EKPC's proposed tariff for data center power for five months, up to and including October 31, 2025.
  • The PSC has ordered an investigation into the reasonableness of the proposed tariff and has established a procedural schedule for the investigation.
  • EKPC is required to file written direct testimony of its witnesses by June 16, 2025, and to respond to requests for information from the Commission by July 14, 2025.
  • The investigation will also include a review of the procedures for electronic filing and service of papers.
  • The PSC has mandated the use of electronic filing procedures for all case filings, including emergency dockets related to the novel coronavirus COVID-19.
  • The investigation will also examine the use of digital video recordings to capture hearing sessions.
  • Parties requesting intervention in the case must demonstrate a special interest or show good cause for the request.

Statistics:

  • The suspension of the effective date of the proposed tariff is for five months, from June 1, 2025, to October 31, 2025.
  • EKPC must file written direct testimony of its witnesses by June 16, 2025.
  • The PSC will conduct an investigation into the proposed tariff and has established a procedural schedule for the investigation.
  • The review of the procedures for electronic filing and service of papers is a part of the investigation.
  • The use of digital video recordings to capture hearing sessions will be examined during the investigation.
  • 14 days' prior written notice is required for motions to substitute witnesses or excuse witnesses from testifying.

Sources:

  • Kentucky Public Service Commission, Commonwealth of Kentucky, Before the Public Service Commission, In the Matter of: Electronic Tariff Filing of East Kentucky Power Cooperative, Inc. to Establish a New Tariff for Data Center Power, Case No. 2025-00140 (May 23, 2025)
  • Kentucky Public Service Commission, Kentucky Administrative Regulations, Title 807, Kentucky Administrative Regulations, Section 5:001 (2021)
  • Kentucky Revised Statutes, Title 278, Kentucky Revised Statutes, Sections 278.030 and 278.360 (2020)