Kentucky Administrative Regulations › Title 807 - ENERGY AND ENVIRONMENT CABINET PUBLIC SERVICE COMMISSION › Chapter 5 - Utilities › Section 807 KAR 5:069 - Filing requirements and procedures for federally funded construction project of a water association, a water district, or a combined water, gas, or sewer district

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				65.810, Chapter 74, 273, 278.010(15),
				278.020(1), 278.023, 278.190, 278.300
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				278.040(3) authorizes the
				commission to adopt reasonable administrative regulations to implement the
				provisions of KRS Chapter 278.
				KRS
				278.020(1) authorizes the
				commission to issue a certificate of public convenience and necessity for
				utility construction.
				KRS
				278.300 authorizes the commission to approve
				the issuance or assumption of an obligation, liability, or evidence of
				indebtedness by a utility.
				KRS
				278.190 authorizes the commission to approve
				proposed changes in rates.
				KRS
				278.023 requires that the commission review,
				recommend modifications to, and issue orders necessary to implement an
				agreement regarding a federally funded construction project, including those
				portions of the agreement relating to financing, construction, and rates.
				KRS
				278.023(2) requires the
				commission to prescribe by administrative regulation the specific documents
				required to be filed for commission review of a construction project financed
				in whole or in part under the terms of an agreement between a water utility and
				the U.S. Department of Agriculture or the U.S. Department of Housing and Urban
				Development and to be undertaken by a water association, a water district, or a
				combined water, gas, or sewer district formed under KRS Chapter 74 or 273. This
				administrative regulation establishes filing requirements and procedures a
				water association, a water district, or a combined water, gas, or sewer
				district formed under KRS Chapter 74 or 273 shall follow when seeking
				commission approval of a construction project financed in whole or in part
				under the terms of an agreement with the U.S. Department of Agriculture or the
				U.S. Department of Housing and Urban Development.
Section 1. Definitions.
(1) "Commission" is defined by
			 KRS
			 278.010(15).
(2) "Construction project" means activity
			 involving the construction or installation of facilities, plant, or equipment
			 to provide, extend, or enhance the quality of water or sewer service within the
			 geographical area that a water utility has the responsibility to
			 serve.
(3) "Federal lending agency"
			 means the U.S. Department of Agriculture or the U.S. Department of Housing and
			 Urban Development.
(4) "Water
			 utility" means:
(a) A water association
			 formed as a non-profit corporation, association, or cooperative corporation
			 having as its purpose the furnishing of a public water supply or the collection
			 or treatment of sewage for the public;
(b) A water district formed as a special
			 district pursuant to
			 KRS
			 65.810 and KRS Chapter 74; or
(c) A combined water, gas, or sewer district
			 formed as a special district pursuant to
			 KRS
			 65.810 and KRS Chapter 74.