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

Ky. Rev. Stat. § 278.430 (2026)

Burden of proof

✓ current as of May 2026
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In all trials, actions or proceedings arising under the preceding provisions of this chapter or growing out of the commission's exercise of the authority or powers granted to it, the party seeking to set aside any determination, requirement, direction or order of the commission shall have the burden of proof to show by clear and satisfactory evidence that the determination, requirement, direction or order is unreasonable or unlawful. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 82, sec. 46, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 379, sec. 50, effective April 1, 1979. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3952-49.

Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1968–2024 · leading case: Energy Regulatory Comm'n v. Kentucky Power Co., 605 S.W.2d 46 (Ky. Ct. App. 1980).
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Energy Regulatory Comm'n v. Kentucky Power Co., 605 S.W.2d 46 (Ky. Ct. App. 1980). · cites it 2× “KRS 278.430 provides the standard of review of the Commission order by the circuit court.”
Commonwealth Ex Rel. Stumbo v. Kentucky Pub. Serv. Comm'n, 243 S.W.3d 374 (Ky. Ct. App. 2007). · cites it 2× ““In all trials, actions or proceedings arising under the preceding provisions of this chapter or growing out of the commission’s exercise of the authority or powers granted to it, the party seeking to set aside any determination, requirement, direction or order of the commission…”
Nat'l-Southwire Aluminum Co. v. Big Rivers Elec. Corp., 785 S.W.2d 503 (Ky. Ct. App. 1990). · cites it 2× “KRS 278.430. To be held unlawful, the order must violate a state or federal statute or constitutional provision, and an order is unreasonable if it is not supported by substantial evidence and the evidence leaves no room for a difference of opinion among reasonable minds.”
Kentucky Indus. Util. Customers, Inc. v. Kentucky Utils. Co., 983 S.W.2d 493 (Ky. 1998). “KRS 278.430. The orders can be found unreasonable only if it is determined that the evidence presented leaves no room for difference of opinion among reasonable minds.”
Kentucky Pub. Serv. Comm'n v. Commonwealth Ex Rel. Conway, 324 S.W.3d 373 (Ky. 2010). · cites it 2× “[4] As noted by the Court of Appeals, a party challenging a PSC action in court bears the burden of proving that the PSC's *377 action is unreasonable or unlawful under KRS 278.430. And, as further noted by the Court of Appeals, the PSC is a "creature of statute"; and, thus, the…”
Cincinnati Bell Tel. Co. v. Kentucky Pub. Serv. Comm'n, 223 S.W.3d 829 (Ky. Ct. App. 2007). “Pursuant to the provisions of KRS 278.430, any party seeking to set aside a determination of the PSC shall bear the burden of proof to show by clear and satisfactory evidence that the determination is unreasonable or unlawful.”
Pub. Serv. Comm'n v. Commonwealth, 320 S.W.3d 660 (Ky. 2010). · cites it 4× “See KRS 278.430 (party challenging order must establish by “clear and satisfactory evidence” that the order is “unreasonable or unlawful”).”
South Cent. Bell Tel. Co. v. Pub. Serv. Comm'n, 702 S.W.2d 447 (Ky. Ct. App. 1985). “On cross-appeal the interveners, appel-lees/cross-appellants, argue that with respect to “repression,” the revenue issue which the trial court reversed and remanded to the Commission, the Commission’s action was supported by substantial evidence, and they argue that with respect…”
Pub. Serv. Comm'n v. Jackson Cnty. Rural Elec. Coop., Inc., 50 S.W.3d 764 (Ky. Ct. App. 2000). “KRS 278.430. [[Image here]] The PSC argues that .”
Commonwealth ex rel. Stephens v. South Cent. Bell Tel. Co., 545 S.W.2d 927 (Ky. 1976). “430 provides: “In all trials, actions or proceedings arising under the preceding provisions of this chapter or growing out of the exercise of the authority or powers granted to the commission, the party seeking to set aside any determination, requirement, direction or order of…”
Kentucky Indus. Util. Customers, Inc. v. Kentucky Pub. Serv. Comm'n, 504 S.W.3d 695 (Ky. Ct. App. 2016). “” KRS 278.430. A decision is considered “unlawful” if it violates a statute or constitutional provision.”
Boone Cnty. Water v. Pub. Serv. Comm'n, 949 S.W.2d 588 (Ky. 1997). “Meridian Mutual Ins. Co., Ky., 345 S.W.2d 635 (1961).”
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