Ky. Rev. Stat. § 278.700 (2026)

As used in KRS 278.700 to 278.716, unless the context requires otherwise: (1) "Board" means the Kentucky State Board on Electric Generation and Transmission Siting created in KRS 278.702; (2) "Merchant electric generating facility" means, except for a qualifying facility as defined in subsection (7) of this section, an electricity generating facility or facilities that, together with all associated structures and facilities: (a) Are capable of operating at an aggregate capacity of ten megawatts (10MW) or more; and (b) Sell the electricity they produce in the wholesale market, at rates and charges not regulated by the Public Service Commission; (3) "Person" means any individual, corporation, public corporation, political subdivision, governmental agency, municipality, partnership, cooperative association, trust, estate, two (2) or more persons having a joint or common interest, or any other entity, and no portion of KRS 224.10-280, 278.212, 278.214, 278.216, 278.218, and 278.700 to 278.716 shall apply to a utility owned by a municipality unless the utility is a merchant plant as defined in this section; (4) "Commence to construct" means physical on-site placement, assembly, or installation of materials or equipment which will make up part of the ultimate structure of the facility. In order to qualify, these activities must take place at the site of the proposed facility or must be site-specific. Activities such as site clearing and excavation work will not satisfy the commence to construct requirements; (5) "Nonregulated electric transmission line" means an electric transmission line and related appurtenances for which no certificate of public convenience and necessity is required; which is not operated as an activity regulated by the Public Service Commission; and which is capable of operating at or above sixty-nine thousand (69,000) volts; (6) "Residential neighborhood" means a populated area of five (5) or more acres containing at least one (1) residential structure per acre; (7) "Qualifying facility" means a cogeneration facility as defined in 16 U.S.C. sec. 796(18)(b) which does not exceed a capacity of one hundred fifty megawatts (150MW) that is located on site at a manufacturer's plant and that uses steam from the cogeneration facility in its manufacturing process, or an industrial energy facility as defined in KRS 224.1-010 that does not generate more than one hundred fifty megawatts (150MW) for sale and has received all local planning and zoning approvals; and (8) "Carbon dioxide transmission pipeline" means the in-state portion of a pipeline, including appurtenant facilities, property rights, and easements, that is used exclusively for the purpose of transporting carbon dioxide to a point of sale, storage, or other carbon management applications. Effective: April 10, 2014 History: Amended 2014 Ky. Acts ch. 88, sec. 1, effective April 10, 2014. -- Amended 2011 Ky. Acts ch. 82, sec. 5, effective June 8, 2011. -- Amended 2007 Ky. Acts ch. 73, sec. 4, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 138, sec. 1, effective July 12, 2006. -- Created 2002 Ky. Acts ch. 365, sec. 1, effective April 24, 2002.