West Kentucky Law Firm / Serving Clients Everywhere

Call Today for an Appointment | 270-926-4000

Sullivan Mountjoy, PSC

SM Legal

Utility And Energy Law And Litigation

Utility And Energy Law
And Litigation

Our attorneys have decades of experience representing public and private utilities, including rural electric cooperatives, generally and in administrative proceedings before the Kentucky Public Service Commission and other regulatory and administrative agencies on various issues including utility rates, environmental issues, rule-making, financing, service territory protection, service agreements, right-of-way acquisition and certification of facilities.

We can assist our utility clients on all aspects of the utility business, including general business issues relating to business planning and formation, business governance, employment law, financing, tax planning, real estate sales and purchases, environmental permitting, procurement and bidding, and contract drafting, review and negotiation. We can also represent our utility clients in Public Service Commission hearings, as well as in litigation in federal and state courts, including eminent domain proceedings, contract disputes, civil and commercial litigation, and all levels of appeals of trial court rulings.

Through our comprehensive experience assisting utility clients with general and industry specific issues, Sullivan Mountjoy, PSC can provide our utility clients valuable guidance that will assist with day-to-day operations as well as effective representation on complex matters.

Frequently Asked Questions

Is my utility regulated by the Kentucky Public Service Commission (KPSC)?

The KPSC generally regulates the intrastate rates and service of telecommunications and electric utilities, certain sewer and water utilities, and natural gas distribution systems and intrastate transmission pipelines. The KPSC does not generally regulate the rates and service of municipally-owned utilities, electric utilities that purchase power from the Tennessee Valley Authority, propane gas companies, cable or satellite television service, railroads, trucking companies, taxicab or bus companies. However, the KPSC has limited jurisdiction over some “non-regulated” utilities, such as its authority to regulate contracts between cities and regulated utilities.

What are some common mistakes when dealing with the Kentucky Public Service Commission (KPSC)?

According to the KPSC, common mistakes when dealing with the KPSC include:

  • Failure to read applicable statutes and regulations;
  • Failure to review/follow Filings Checklists;
  • Inadequate planning – failing to provide the KPSC with adequate time;
  • No attorney/clueless attorney;
  • Assuming the KPSC knows the relevant facts;
  • Failure to provide the correct number of copies of filings;
  • Failure to give proper notice to KPSC/public;
  • Failure to research before filing;
  • Failure to explain the need for requested relief and provide supporting documents;
  • Assuming that the KPSC Staff is working on the case;
  • Failure to submit information in a readily accessible format;
  • No signature on tariff sheets;
  • Failure to redact confidential information; and
  • Assuming that requested relief is unopposed.

Many of these issues can be avoided with the use of a competent attorney.

What information are utilities required to post on their websites?

Utilities regulated by the Kentucky Public Service Commission (KPSC) are not required by the KPSC to maintain websites, but if a utility does maintain a website, the utility is required to post the following information on its website:

A customer bill of rights, which is available here: http://psc.ky.gov/agencies/psc/consumer/bill_of_rights.pdf.

The utility’s current rate schedules and tariffs. The tariffs must be both viewable and downloadable. The utility must also post a hyperlink to the location on the KPSC’s website where the tariff has been posted.

Public notice of the filing of:

  • (i) an application for a general rate adjustment;
  • (ii) a tariff or rate change;
  • (iii) an application for a purchased water adjustment resulting from a supplier’s increased rate;
  • (iv) an application for a treated sewage adjustment resulting from a provider’s increased rate; and
  • (v) an application for a change in rates as a result of a water association, water district, or combine water, gas, or sewer district’s federally funded construction project.

These documents must be posted on the utility’s website within five (5) business days of the filing. Additionally, the utility must post a hyperlink to the location on the KPSC’s website where the relevant documents are available within that same time period. Where the filing involves an application, the information must remain on the utility’s website until the KPSC issues a final decision on the application.

Our Team

Representative Clients

  • Big Rivers Electric Corporation
  • Southern Pennyrile Cooperative, L.C.A.