KRS 278.702: Kentucky State Board on Electric Generation and Transmission Siting.

(1) There is hereby established the Kentucky State Board on Electric Generation and

Transmission Siting. The board shall be composed of nine (9) members as follows:

(a) The five (5) members of the Kentucky Public Service Commission;

(b) The secretary of the Energy and Environment Cabinet or the secretary's

designee;

(c) The secretary of the Cabinet for Economic Development or the secretary's

designee;

(d) 1. If the facility s ubject to board approval is proposed to be located in one

(1) county, two (2) ad hoc public members to be appointed by the

Governor from a county where a facility subject to board approval is

proposed to be located:

a. One (1) of the ad hoc public members shall be the chairman of the

planning commission with jurisdiction over an area in which a

facility subject to board approval is proposed to be located. If the

proposed location is not within a jurisdiction with a planning

commission, then the Governor sha ll appoint either the county

judge/executive of a county that contains the proposed location of

the facility or the mayor of a city, if the facility is proposed to be

within a city; and

b. One (1) of the ad hoc public members shall be appointed by the

Governor and shall be a resident of the county in which the facility

is proposed to be located.

2. If the facility subject to board approval is proposed to be located in more

than one (1) county, two (2) ad hoc public members to be chosen as

follows:

a. One (1) ad hoc public member shall be the county judge/executive

of a county in which the facility is proposed to be located, to be

chosen by majority vote of the county judge/executives of the

counties in which the facility is proposed to be located; and

b. One (1) ad hoc public member shall be a resident of a county in

which the facility is proposed to be located, and shall be appointed

by the Governor.

If a member has not been chosen by majority vote, as provided in

subdivision a. of this subparagraph, by thirty (30) days after the filing of

the application, the Governor shall directly appoint the member.

3. Ad hoc public members appointed to the board and their immediate

family members shall have no direct financial interest in the facility

proposed to be constructed and shall be subject to the executive branch

code of ethics established in KRS Chapter 11A.

(2) The term of service for the ad hoc members of the board shall continue until the

merchant electric generating facility for which they were appoin ted has been

constructed and begins generating electricity for sale or the construction certificate

expires. The remaining members of the board shall be permanent members.

(3) The board shall be attached to the Public Service Commission for administrative

purposes. The commission staff shall serve as permanent administrative staff for the

board. The members of the board identified in subsection (1)(a) to (d) of this

section shall promulgate administrative regulations in accordance with KRS

Chapter 13A to implement KRS 278.700 to 278.716.

(4) No member of the board shall receive any salary or fee for service on the board or

shall have any financial interest in any facility the application for which comes

before the board, but each member shall be reimbursed f or actual travel and

expenses directly related to service on the board.

(5) The chair of the Public Service Commission shall be the chair of the board. The

chair shall designate one (1) member of the board as vice chair. A majority of the

members of the bo ard shall constitute a quorum for the transaction of business. No

vacancy on the board shall impair the right of the remaining members to exercise all

of the powers of the board. The board shall convene upon the call of the chair.