KRS 278.010: Definitions for KRS 278.010 to 278.450, 278.541 to 278.544, 278.546 to

278.5462, and 278.990.

As used in KRS 278.010 to 278.450, 278.541 to 278.544, 278.546 to 278.5462, and

278.990, unless the context otherwise requires:

(1) "Corporation" includes private, quasipublic, and public corporations, and all boards,

agencies, and instrumentalities thereof, associations, joint -stock companies, and

business trusts;

(2) "Person" includes natural persons, partnerships, corporations, and two (2) or more

persons having a joint or common interest;

(3) "Utility" means any person except a regional wastewater commission established

pursuant to KRS 65.8905 and, for purposes of paragraphs (a), (b), (c), (d), and (f) of

this subsection, a city or a municipal inte rlocal gas utility, who owns, controls,

operates, or manages any facility used or to be used for or in connection with:

(a) The generation, production, transmission, or distribution of electricity to or

for the public, for compensation, for lights, heat, power, or other uses;

(b) The production, manufacture, storage, distribution, sale, or furnishing of

natural or manufactured gas, or a mixture of same, to or for the public, for

compensation, for light, heat, power, or other uses;

(c) The transporting or co nveying of gas, crude oil, or other fluid substance by

pipeline to or for the public, for compensation;

(d) The diverting, developing, pumping, impounding, distributing, or furnishing

of water to or for the public, for compensation;

(e) The transmission or conveyance over wire, in air, or otherwise, of any

message by telephone or telegraph for the public, for compensation; or

(f) The collection, transmission, or treatment of sewage for the public, for

compensation, if the facility is a subdivision collection, transmission, or

treatment facility plant that is affixed to real property and is located in a

county containing a city of t he first class or is a sewage collection,

transmission, or treatment facility that is affixed to real property, that is

located in any other county, and that is not subject to regulation by a

metropolitan sewer district or any sanitation district created p ursuant to KRS

Chapter 220;

(4) "Retail electric supplier" means any person, firm, corporation, association, or

cooperative corporation, excluding municipal corporations, engaged in the

furnishing of retail electric service;

(5) "Certified territory" shall mean the areas as certified by and pursuant to KRS

278.017;

(6) "Existing distribution line" shall mean an electric line which on June 16, 1972, is

being or has been substantially used to supply retail electric service and includes all

lines from the distribution substation to the electric consuming facility but does not

include any transmission facilities used primarily to transfer energy in bulk;

(7) "Retail electric service" means electric service furnished to a consumer for ultimate

consumption, but do es not include wholesale electric energy furnished by an

electric supplier to another electric supplier for resale;

(8) "Electric-consuming facilities" means everything that utilizes electric energy from a

central station source;

(9) "Generation and transmission cooperative" or "G&T" means a utility formed under

KRS Chapter 279 that provides electric generation and transmission services;

(10) "Distribution cooperative" means a utility formed under KRS Chapter 279 that

provides retail electric service;

(11) "Facility" includes all property, means, and instrumentalities owned, operated,

leased, licensed, used, furnished, or supplied for, by, or in connection with the

business of any utility;

(12) "Rate" means any individual or joint fare, toll, charge, rental, or other compensation

for service rendered or to be rendered by any utility, and any rule, regulation,

practice, act, requirement, or privilege in any way relating to such fare, toll, charge,

rental, or other compensation, and any schedule or tariff or pa rt of a schedule or

tariff thereof;

(13) "Service" includes any practice or requirement in any way relating to the service of

any utility, including the voltage of electricity, the heat units and pressure of gas,

the purity, pressure, and quantity of water , and in general the quality, quantity, and

pressure of any commodity or product used or to be used for or in connection with

the business of any utility, but does not include Voice over Internet Protocol (VoIP)

service;

(14) "Adequate service" means havin g sufficient capacity to meet the maximum

estimated requirements of the customer to be served during the year following the

commencement of permanent service and to meet the maximum estimated

requirements of other actual customers to be supplied from the s ame lines or

facilities during such year and to assure such customers of reasonable continuity of

service;

(15) "Commission" means the Public Service Commission of Kentucky;

(16) "Commissioner" means one (1) of the members of the commission;

(17) "Demand-side management" means any conservation, load management, or other

utility activity intended to influence the level or pattern of customer usage or

demand, including home energy assistance programs;

(18) "Affiliate" means a person that controls or that is controlled by, or is under common

control with, a utility;

(19) "Control" means the power to direct the management or policies of a person

through ownership, by contract, or otherwise;

(20) "CAM" means a cost allocation manual which is an indexed compilatio n and

documentation of a company's cost allocation policies and related procedures;

(21) "Nonregulated activity" means the provision of competitive retail gas or electric

services or other products or services over which the commission exerts no

regulatory authority;

(22) "Nonregulated" means that which is not subject to regulation by the commission;

(23) "Regulated activity" means a service provided by a utility or other person, the rates

and charges of which are regulated by the commission;

(24) "USoA" me ans uniform system of accounts which is a system of accounts for

public utilities established by the FERC and adopted by the commission;

(25) "Arm's length" means the standard of conduct under which unrelated parties, each

party acting in its own best inte rest, would negotiate and carry out a particular

transaction;

(26) "Subsidize" means the recovery of costs or the transfer of value from one (1) class

of customer, activity, or business unit that is attributable to another;

(27) "Solicit" means to engage i n or offer for sale a good or service, either directly or

indirectly and irrespective of place or audience;

(28) "USDA" means the United States Department of Agriculture;

(29) "FERC" means the Federal Energy Regulatory Commission;

(30) "SEC" means the Securities and Exchange Commission;

(31) "Commercial mobile radio services" has the same meaning as in 47 C.F.R. sec. 20.3

and includes the term "wireless" and service provided by any wireless real time two

(2) way voice communication device, including radio -telephone communications

used in cellular telephone service, personal communications ser vice, and the

functional or competitive equivalent of a radio -telephone communications line used

in cellular telephone service, a personal communications service, or a network radio

access line;

(32) "Voice over Internet Protocol" or "VoIP" has the same me aning as in federal law;

and

(33) "Municipal interlocal gas utility" has the same meaning as in KRS 65.230.