Kentucky Administrative Regulations › Title 807 - ENERGY AND ENVIRONMENT CABINET PUBLIC SERVICE COMMISSION › Chapter 5 - Utilities › Section 807 KAR 5:080 - Procedural and filing requirements and safeguards concerning nonregulated activities of utilities or utility affiliates

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				278.010,
				278.2201,
				278.2203,
				278.2205,
				278.2207,
				278.2213,
				278.2215,
				278.2219,
				278.230,
				278.260
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				278.040(3) authorizes the
				commission to promulgate reasonable administrative regulations to implement the
				provisions of KRS Chapter 278.
				KRS
				278.280(1) authorizes the
				commission to establish proper practices to be observed in regard to a
				utility's practices and services.
				KRS
				278.2201 prohibits a utility governed by
				KRS
				278.2201 through
				278.2219
				from subsidizing nonregulated activities performed by the utility or an
				affiliate and authorizes the commission to promulgate administrative
				regulations to implement this section.
				KRS
				278.2205(3) requires a
				utility governed by
				KRS
				278.2201 through
				278.2219
				to file with the commission a statement that its cost allocation manual has
				been prepared and adopted, together with the manual.
				KRS
				278.2205(4) requires a
				utility governed by
				KRS
				278.2201 through
				278.2219
				to amend its cost allocation manual to reflect any material changes.
				KRS
				278.230 requires a utility to file with the
				commission any reports, schedules, classifications or other information that
				the commission reasonably requires.
				KRS
				278.2207 prescribes requirements for
				transactions between a utility governed by
				KRS
				278.2201 through
				278.2219
				and its affiliate, and provides for deviations from those requirements.
				KRS
				278.2213(13) requires the
				commission to establish specifications for a disclaimer to be used by an
				affiliate using the name, trademark, brand or logo of a utility governed by
				KRS
				278.2201 through
				278.2219
				and requires commission approval prior to the use of any disclaimer.
				KRS
				278.2213(15) requires a
				utility governed by
				KRS
				278.2201 through
				278.2219
				to inform the commission of any new nonregulated activity within the time
				specified by the commission.
				KRS
				278.2213(17) authorizes the
				commission to require a utility to file annual reports relating to its
				transactions with affiliates.
				KRS
				278.2219 authorizes the commission to grant a
				deviation from a provision of
				KRS
				278.2201 through
				278.2213.
				This administrative regulation prescribes procedures, filing requirements, and
				safeguards relating to nonregulated activities of a utility or a utility
				affiliate.
Section 1. Definitions. For
			 purposes of this administrative regulation:
(1) "Affected utility" means a utility not
			 exempted by
			 KRS 278.2215, or other
			 law, from a requirement of
			 KRS
			 278.2201 through
			 278.2219.
(2) "Service agreement" means an agreement
			 between an affected utility and an affiliate or subsidiary that delineates the
			 activities, duties, pricing and accounting for transactions between the
			 parties.