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Opposition surges against bill limiting KY utility case intervenors

Attorneys, advocates and other Kentuckians gathered last year at the Kentucky Public Service Commission for a hearing about Kentucky’s largest utility requesting to build new gas-fired power plants. (Liam Niemeyer/Kentucky Lantern)
Attorneys, advocates and other Kentuckians gathered last year at the Kentucky Public Service Commission for a hearing about Kentucky’s largest utility requesting to build new gas-fired power plants. (Liam Niemeyer/Kentucky Lantern)

A GOP-sponsored bill to remake Kentucky’s utility regulator is getting some pushback.

Senate Bill 8 would expand the Public Service Commission board from three members to five and give the Republican state auditor the authority to make two of the appointments. The governor would continue to appoint the other three. The bill also could make it harder for independent groups to intervene in utility rate cases and ask questions before the commission.

Josh Bills, senior energy analyst for the Mountain Association, said Senate Bill 8 would weaken the voices of the very people most affected by rising energy costs.

"By limiting who can intervene, the bill effectively shuts out the advocates who represent low-income households and us, who represent small commercial customers; groups that struggle with their bills just as much as families do," Bills contended.

This week, Senate Bill 8 passed out of the Senate Natural Resources and Energy Committee. It now goes before the full Senate.

Bills pointed out while the legislation does provide the commission additional resources for its work in regulating the industry, as it is currently written there is no place at the table for advocacy groups knowledgeable about how rate changes would affect communities across the Commonwealth.

"I think it's odd that there would be a push to bring more resources to the Public Service Commission but then hinder their ability to allow intervenors that could have useful information," Bills explained.

The Public Service Commission has broad responsibilities, regulating the rates and services of more than 1,100 utilities, ranging from large investor-owned utilities – like Louisville Gas and Electric and Kentucky Utilities – to districts providing drinking water to rural communities. The commission also fields complaints from Kentuckians about service and rates and hears requests from utilities to retire or build new power generation.

This story was produced with original reporting by Liam Niemeyer for the Kentucky Lantern.