Ky. Rev. Stat. » Chapter 278
Kentucky Revised Statutes

Ky. Rev. Stat. § 278.410 (2026)

Action to review order of commission -- Institution -- Answer -- Injunction

✓ current as of May 2026
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(1) Any party to a commission proceeding or any utility affected by an order of the commission may, within thirty (30) days after service of the order, or within twenty (20) days after its application for rehearing has been denied by failure of the commission to act, or within twenty (20) days after service of the final order on rehearing, when a rehearing has been granted, bring an action against the commission in the Franklin Circuit Court to vacate or set aside the order or determination on the ground that it is unlawful or unreasonable. Service of a commission order is complete three (3) days after the date the order is mailed. Notice of the institution of such action shall be given to all parties of record before the commission. (2) The answer of the commission shall be served and filed within twenty (20) days after service of the complaint. The action shall then be at issue and stand ready for trial upon ten (10) days' notice to either party, on the equity side of the docket of the court. The answer need not deny verbatim the allegations of the petition, but a general denial thereof on behalf of the commission shall be sufficient. (3) Injunctive relief may be granted by the Circuit Court in the manner and upon the terms provided by law. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 142, sec. 2, effective July 15, 1994. -- Amended 1978 Ky. Acts ch. 379, sec. 48, effective April 1, 1979. -- Amended 1976 Ky. Acts ch. 88, sec. 13, effective March 29, 1976. -- Amended 1952 Ky. Acts ch. 46, sec. 4, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3952-44, 3952-45, 3952-46.

Notes of Decisions
Cited in 36 cases (4 in the last 5 years), 1952–2024 · leading case: Nat'l-Southwire Aluminum Co. v. Big Rivers Elec. Corp., 785 S.W.2d 503 (Ky. Ct. App. 1990).
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Nat'l-Southwire Aluminum Co. v. Big Rivers Elec. Corp., 785 S.W.2d 503 (Ky. Ct. App. 1990). · cites it 6× “After serious consideration of all of this data, a majority of this panel concludes that the judgment of the Franklin Circuit Court must be affirmed.”
Energy Regulatory Comm'n v. Kentucky Power Co., 605 S.W.2d 46 (Ky. Ct. App. 1980). · cites it 3× “KRS 278.410 does not limit the participating parties to the Commission and the applicant.”
Am. Beauty Homes Corp. v. Louisville & Jefferson Cnty. Plan. & Zoning Comm'n, 379 S.W.2d 450 (Ky. Ct. App. 1964). “Orders of the Public Service Commission under KRS 278.410 (1) are reviewable on two grounds, “unlawful or unreasonable”, which strikes us as admirably acceptable and adequate.”
Commonwealth ex rel. Stephens v. South Cent. Bell Tel. Co., 545 S.W.2d 927 (Ky. 1976). · cites it 5× “sonable cost so that it may continue to expand and improve its service to the public it is obligated to serve; (3) that the proposed schedule of rates for intrastate telephone service proposed by the Applicant and now being charged would produce an excessive return On January 9,…”
Stephens v. Kentucky Utils. Co., 569 S.W.2d 155 (Ky. 1978). · cites it 2× “KRS 278.410 through KRS 278.450 sets out the procedure and limitations of judicial review.”
Pub. Serv. Comm'n v. Dewitt Water Dist., 720 S.W.2d 725 (Ky. 1986). · cites it 2× “The standard of review of commission action is found in KRS 278.410 which provides for judicial review oh a showing by clear and convincing evidence that the Commission’s order is unlawful or unreasonable.”
Kentucky Utils. Co. v. Pub. Serv. Comm'n, 252 S.W.2d 885 (Ky. Ct. App. 1952). · cites it 2× “and Union brought an action in the Franklin Circuit Court, under KRS 278.410, to set aside or vacate the order of the commission.”
Arlinghaus Builders, Inc. v. Kentucky Pub. Serv. Comm'n, 142 S.W.3d 693 (Ky. Ct. App. 2004). · cites it 9× “The order provided, in part, as follows: Under KRS 278.410, a party affected by an order of the PSC may, within thirty days after service of that order, bring an action against the PSC in this Court.”
Kentucky Indus. Util. Customers, Inc. v. Kentucky Pub. Serv. Comm'n, 504 S.W.3d 695 (Ky. Ct. App. 2016). · cites it 3× “On November 1, 2014, KIUC filed a Complaint with the Franklin Circuit Court pursuant to KRS 278.410 to vacate and set aside the Commission’s Order.”
Pub. Serv. Comm'n v. Jackson Cnty. Rural Elec. Coop., Inc., 50 S.W.3d 764 (Ky. Ct. App. 2000). · cites it 2× “This action is brought pursuant to KRS 278.410. By its Orders the PSC has assessed civil penalties against the plaintiff utilities for the alleged failure of their independent contractors to comply with Commission Regulation 807 KAR *766 5:041, Section 3, which regulation adopts…”
City of Greenup v. Pub. Serv. Comm'n, 182 S.W.3d 535 (Ky. Ct. App. 2005). “KRS 278.410. On June 9, 2004, the Franklin Circuit Court entered an Opinion and Order affirming the decision of the PSC.”
Louisville Gas & Elec. Co. v. Hardin & Meade Cnty. Prop. Owners for Co-Location, 319 S.W.3d 397 (Ky. 2010). “The designation of the record is especially important in administrative appeals because of the voluminous record frequently produced by the administrative proceedings.”
Show all 36 citing cases →
— Ky. Rev. Stat. § 278.410(1) — 15 cases
Nat'l-Southwire Aluminum Co. v. Big Rivers Elec. Corp., 785 S.W.2d 503 (Ky. Ct. App. 1990). “After serious consideration of all of this data, a majority of this panel concludes that the judgment of the Franklin Circuit Court must be affirmed.”
Energy Regulatory Comm'n v. Kentucky Power Co., 605 S.W.2d 46 (Ky. Ct. App. 1980). “KRS 278.410 does not limit the participating parties to the Commission and the applicant.”
Citizens for Alt. Water Solutions v. Kentucky Pub. Serv. Comm'n, 358 S.W.3d 488 (Ky. Ct. App. 2011).
Kentucky Indus. Util. Customers, Inc. v. Kentucky Pub. Serv. Comm'n, 504 S.W.3d 695 (Ky. Ct. App. 2016). “On November 1, 2014, KIUC filed a Complaint with the Franklin Circuit Court pursuant to KRS 278.410 to vacate and set aside the Commission’s Order.”
Pub. Serv. Comm'n v. Jackson Cnty. Rural Elec. Coop., Inc., 50 S.W.3d 764 (Ky. Ct. App. 2000). “This action is brought pursuant to KRS 278.410. By its Orders the PSC has assessed civil penalties against the plaintiff utilities for the alleged failure of their independent contractors to comply with Commission Regulation 807 KAR *766 5:041, Section 3, which regulation adopts…”
— Ky. Rev. Stat. § 278.410(3) — 2 cases
Commonwealth ex rel. Stephens v. South Cent. Bell Tel. Co., 545 S.W.2d 927 (Ky. 1976). “sonable cost so that it may continue to expand and improve its service to the public it is obligated to serve; (3) that the proposed schedule of rates for intrastate telephone service proposed by the Applicant and now being charged would produce an excessive return On January 9,…”
Com. Ex Rel. Stephens v. SO. CENT. BELL TEL. CO., 545 S.W.2d 927 (Ky. 1976).
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