{"data":{"id":"us-ky/krs-278.018","jurisdiction":"us-ky","citation":"KRS 278.018","heading":"Right to serve certified territory.","body":"(1) Except as otherwise provided herein, each retail electric supplier shall have the\nexclusive right to furnish retail electric service to all electric -consuming facilities\nlocated within its certified territory, and shall not furnish, make available, render or\nextend its retail electric service to a consumer for use in electric -consuming\nfacilities located within the certified territory of another retail electric supplier;\nprovided that any retail electric supplier may extend its facilities through the\ncertified territory of another retail electric supplier, if such extension is necessary\nfor such supplier to connect any of its facilities or to serve its consumers within its\nown certified territory. In the event that a new electric -consuming facility should\nlocate in two (2) or more adjacent certified territories, the commission shall\ndetermine which retail electric supplier shall serve said facility based on criteria in\nKRS 278.017(3).\n(2) Except as provided in subsections (3) and (5) of this section, any new electric-\nconsuming facility located in an area which has not as yet been included in a map\nissued by the commission, pursuant to KRS 278.017(2), or certified, pursuant to\nKRS 278.017(4), shall be furnished retail electric service by the retail electric\nsupplier which has an existing distribution line in closer proximity to such electric -\nconsuming facility than is the nearest existing distribution line of any other retail\nelectric supplier. Any disputes under this subsection shall be resolved by the\ncommission.\n(3) The commission may, after a hearing had upon due notice, make such findings as\nmay be supported by proof as to whether any retail electric supplier operating in a\ncertified territory is rendering or proposes to render adequate service to an electri c-\nconsuming facility and in the event the commission finds that such retail electric\nsupplier is not rendering or does not propose to render adequate service, the\ncommission may enter an order specifying in what particulars such retail electric\nsupplier has failed to render or propose to render adequate service and order that\nsuch failure be corrected within a reasonable time, such time to be fixed in such\norder. If the retail electric supplier so ordered to correct such failure fails to comply\nwith such or der, the commission may authorize another retail electric supplier to\nfurnish retail electric service to such facility.\n(4) Except as provided in subsection (3) of this section, no retail electric supplier shall\nfurnish, make available, render or extend re tail electric service to any electric -\nconsuming facility to which such service is being lawfully furnished by another\nretail electric supplier on June 16, 1972, or to which retail electric service is\nlawfully commenced thereafter in accordance with this se ction by another retail\nelectric supplier.\n(5) The provisions of KRS 278.016 to 278.020 shall not preclude any retail electric\nsupplier from extending its service after June 16, 1972, to property and facilities\nowned and operated by said retail electric supplier.\n(6) Notwithstanding the effectuation of certified territories established by or pursuant to\nKRS 278.016 to 278.020, and the exclusive right to service within such territory, a\nretail electric supplier may contract with another retail electric suppl ier for the\npurpose of allocating territories and consumers between such retail electric\nsuppliers and designating which territories and consumers are to be served by which\nof said retail electric suppliers. Notwithstanding any other provisions of law, a\ncontract between retail electric suppliers as herein provided when approved by the\ncommission shall be valid and enforceable. The commission shall approve such a\ncontract if it finds that the contract will promote the purposes of KRS 278.016 and\nwill provid e adequate and reasonable service to all areas and consumers affected\nthereby.","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=14041","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:29Z","sha256":"fba547cdf3f68bd67b22a08299f08341f72e98231bb05870e2586f122bc8ed19","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.017","next":"us-ky/krs-278.019"},"notice":"GroundRules: Original legal text. Not legal advice."}