Kentucky Statutes 96.880 – Plant not subject to authority of Public Service Commission except as to extension of service — Bonds do not require approval
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(1) It shall not be necessary for any municipality proceeding under KRS § 96.550 to
96.900 to obtain any certificate of convenience and necessity, license, permit, or other authorization, from any board, commission, or other agency of Kentucky, in order to acquire, maintain and operate any electric plant.
(2) Neither the Public Service Commission of Kentucky nor any other board or commission of like character shall, unless in the future expressly authorized, have jurisdiction over such board or municipality in the management and control of any electric plant whether within or without its boundaries, or any power or authority over the regulation of rates or charges, except that the Public Service Commission may, when it determines that such action is in the public interest and will not jeopardize the financial structure of the system, require any such municipality to extend service within or without its boundaries to customers not previously served by such municipality. Its orders may be enforced by mandamus or mandatory injunction.
(3) If and when any board organized and operating under the provisions of KRS § 96.550 to KRS § 96.900 shall be required by the Public Service Commission to extend its services within or without its boundaries to customers not previously served by such municipality or board, revenue bonds may be issued and sold by the board in an amount sufficient for the board to obtain all money necessary to pay the cost of such extended service.
(4) Bonds may be issued under KRS § 96.550 to KRS § 96.900 without respect to the provisions of any laws requiring the prior approval of any court, commission, board, or regulatory authority.
History: Created 1942 Ky. Acts ch. 18, sec. 31.
96.900 to obtain any certificate of convenience and necessity, license, permit, or other authorization, from any board, commission, or other agency of Kentucky, in order to acquire, maintain and operate any electric plant.
Terms Used In Kentucky Statutes 96.880
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) Neither the Public Service Commission of Kentucky nor any other board or commission of like character shall, unless in the future expressly authorized, have jurisdiction over such board or municipality in the management and control of any electric plant whether within or without its boundaries, or any power or authority over the regulation of rates or charges, except that the Public Service Commission may, when it determines that such action is in the public interest and will not jeopardize the financial structure of the system, require any such municipality to extend service within or without its boundaries to customers not previously served by such municipality. Its orders may be enforced by mandamus or mandatory injunction.
(3) If and when any board organized and operating under the provisions of KRS § 96.550 to KRS § 96.900 shall be required by the Public Service Commission to extend its services within or without its boundaries to customers not previously served by such municipality or board, revenue bonds may be issued and sold by the board in an amount sufficient for the board to obtain all money necessary to pay the cost of such extended service.
(4) Bonds may be issued under KRS § 96.550 to KRS § 96.900 without respect to the provisions of any laws requiring the prior approval of any court, commission, board, or regulatory authority.
History: Created 1942 Ky. Acts ch. 18, sec. 31.