Hearing.
(1) The commission shall have original jurisdiction over complaints as to rates or
service of any utility, and upon a complaint in writing made against any utility by
any person that any rate in which the complainant is directly interested is
unreasonable or unjustly discriminatory, or that any regulation, measurement,
practice or act affecting or relating to the service of the utility or any service in
connection therewith is unreasonable, unsafe, insufficient or unjustly
discriminatory, or that any service is inadequate or cannot be obtained, the
commission shall proceed, with or without notice, to make such investigation as it
deems necessary or convenient. The commission may also make such an
investigation on its own motion. No order affecting the rates or service complained
of shall be entered by the commission without a formal public hearing.
(2) The commission shall fix the time and place for each hearing held by it, and shall
serve notice thereof upon the utility and the complainant not less than twenty (20)
days before the time set for the hearing. The commission may dismiss any
complaint without a hearing if, in its opinion, a hearing is not necessary in the
public interest or for the protection of substantial rights.
(3) The complainant and the person complained of shall be entitled to be heard in
person or by an attorney and to introduce evidence.
Effective: July 15, 1982
History: Amended 1982 Ky. Acts ch. 242, sec. 3, effective July 15, 1982. -- Amended
1978 Ky. Acts ch. 379, sec. 33, effective April 1, 1979. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3952-33.
Notes of Decisions
Kentucky Pub. Serv. Comm'n v. Commonwealth Ex Rel. Conway, 324 S.W.3d 373 (Ky. 2010).
· cites it 14× “To the contrary, the statute simply provides that upon filing of a schedule of new rates, the PSC "may" conduct a "hearing concerning the reasonableness of the new rates" on its own motion or if a complaint is filed by any person challenging the rates as unreasonable or…”
Cincinnati Bell Tel. Co. v. Kentucky Pub. Serv. Comm'n, 223 S.W.3d 829 (Ky. Ct. App. 2007).
· cites it 2× “270 provides as follows: Whenever the commission, upon its own motion or upon complaint as provided in KRS 278.260, and after a hearing had upon reasonable notice, finds that any rate is unjust, unreasonable, insufficient, unjustly discriminatory or otherwise in violation of any…”
Kentucky Indus. Util. Customers, Inc. v. Kentucky Utils. Co., 983 S.W.2d 493 (Ky. 1998).
“If the protestants believe the overall rates are not fair, just and reasonable, they may seek remedy pursuant to KRS 278.260. However, to add the requirement that the Utility demonstrate that it is not earning in excess of a previously approved rate base would mandate a full…”
South Cent. Bell Tel. Co. v. Util. Regulatory Comm'n, 637 S.W.2d 649 (Ky. 1982).
· cites it 2× “” KRS 278.260 provides that any directly interested persons, organizations, political bodies and others may complain about any rate that is unreasonable or unjustly discriminatory or any service that is inadequate or cannot be obtained.”
Carr v. Cincinnati Bell, Inc., 651 S.W.2d 126 (Ky. Ct. App. 1983).
· cites it 2× “Bell insists that it followed this rule, thus Carr’s listing was in Grant County, Kentucky, the place of the “primary entrance” to his property lying across the line in Kenton County.”
Mayfield Gas Co. v. Pub. Serv. Comm'n, 259 S.W.2d 8 (Ky. Ct. App. 1953).
· cites it 3× “The company insists that the order of the Commission, having been entered without a public hearing, is violative óf KRS 278.260 and KRS 278.270, and amounts to a denial of due process as guaranteed by the Fifth and Fourteenth Amendments to the Constitution of the United States.”
Big Rivers Elec. Corp. v. Thorpe, 921 F. Supp. 460 (W.D. Ky. 1996).
· cites it 2× “KRS 278.260; see also Smith, 104 S.W.2d at 965 (holding that PSC had primary jurisdiction to pass upon rates and whether same were reasonable; consequently, court found it improper to pass upon the reasonableness of the charges complained of by appellant).”
Kentucky CATV Ass'n v. Volz, 675 S.W.2d 393 (Ky. Ct. App. 1983).
“Furthermore, KRS 278.260 empowers the Commission to investigate any “.”
Boone Cnty. Water v. Pub. Serv. Comm'n, 949 S.W.2d 588 (Ky. 1997).
“KRS 278.260(1) further provides, “(t)he commission shall have original jurisdiction over complaints as to rates or services of any utility,.”
Bee's Old Reliable Shows, Inc. v. Kentucky Power Co., 334 S.W.2d 765 (Ky. Ct. App. 1960).
“Upon a complaint in writing made against a utility by any mercantile, agricultural or manufacturing society, body politic or municipal organization, public utility or any 10 patrons of the utility complained of, concerning rates or services, the Public Service Commission is…”
Bulldog's Enter., Inc. v. Duke Energy, 412 S.W.3d 210 (Ky. Ct. App. 2013).
“]” KRS 278.260(1). When determining whether the PSC has exclusive jurisdiction over an issue, it is helpful to consider why the legislature chose to grant the PSC jurisdiction over this area.”
— Ky. Rev. Stat. § 278.260(1) — 3 cases
Boone Cnty. Water v. Pub. Serv. Comm'n, 949 S.W.2d 588 (Ky. 1997).
“KRS 278.260(1) further provides, “(t)he commission shall have original jurisdiction over complaints as to rates or services of any utility,.”
Bulldog's Enter., Inc. v. Duke Energy, 412 S.W.3d 210 (Ky. Ct. App. 2013).
“]” KRS 278.260(1). When determining whether the PSC has exclusive jurisdiction over an issue, it is helpful to consider why the legislature chose to grant the PSC jurisdiction over this area.”
— Ky. Rev. Stat. § 278.260(2) — 1 case
Kentucky Pub. Serv. Comm'n v. Commonwealth Ex Rel. Conway, 324 S.W.3d 373 (Ky. 2010).
“To the contrary, the statute simply provides that upon filing of a schedule of new rates, the PSC "may" conduct a "hearing concerning the reasonableness of the new rates" on its own motion or if a complaint is filed by any person challenging the rates as unreasonable or…”
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