Thursday, October 21, 2010
Kentucky Supreme Court Overturns PSC Objections
KENTUCKY....
The Kentucky Supreme Court has ruled that the Public Service Commission has broad powers to approve utility rate hikes, even if there's no law specifically allowing it.
The high court on Thursday found that, as long as a rate hike was "fair, just and reasonable," the commission doesn't need statutory authority.
The issue arose after the commission approved a gas rate hike by Duke Energy in 2002 aimed at recovering the cost of improving its gas distribution mains. The Kentucky Attorney General objected, saying no law allowed the commission to approve the rate hike. A trial court and the Kentucky Court of Appeals both upheld the objections.
The decision Thursday overturned both rulings.
The Kentucky Supreme Court has ruled that the Public Service Commission has broad powers to approve utility rate hikes, even if there's no law specifically allowing it.
The high court on Thursday found that, as long as a rate hike was "fair, just and reasonable," the commission doesn't need statutory authority.
The issue arose after the commission approved a gas rate hike by Duke Energy in 2002 aimed at recovering the cost of improving its gas distribution mains. The Kentucky Attorney General objected, saying no law allowed the commission to approve the rate hike. A trial court and the Kentucky Court of Appeals both upheld the objections.
The decision Thursday overturned both rulings.