{"data":{"id":"us-ky/krs-278.190","jurisdiction":"us-ky","citation":"KRS 278.190","heading":"Procedure when new schedule of rates filed -- Suspension of new rate","body":"schedule -- Burden of proof -- Refunds.\n(1) Whenever any utility files with the commission any schedule stating new rates, the\ncommission may, upon its own motion, or upon complaint as provided in KRS\n278.260, and upon reasonable notice, hold a hearing concerning the reasonableness\nof the new rates.\n(2) Pending the hearing and the decision thereon, and after notice to the utility, the\ncommission may, at any time before the schedule be comes effective, suspend the\noperation of the schedule and defer the use of the rate, charge, classification, or\nservice, but not for a longer period than five (5) months beyond the time when it\nwould otherwise go into effect if an historical test period i s used, or longer than six\n(6) months if a forward -looking test period is used, pursuant to KRS 278.192; and\nafter such hearing, either completed before or after the rate, charge, classification, or\nservice goes into effect, the commission may make those o rders with reference\nthereto as it deems proper in the matter. If the proceeding has not been concluded\nand an order made at the expiration of five (5) months, or six (6) months, as\nappropriate, the utility may place the proposed change of rate, charge, classification,\nor service in effect at the end of that period after notifying the commission, in\nwriting, of its intention so to do. Where increased rates or charges are thus made\neffective, the commission may, by order, require the interested utility or ut ilities to\nmaintain their records in a manner as will enable them, or the commission, or any of\nits customers, to determine the amounts to be refunded and to whom due in the\nevent a refund is ordered, and upon completion of the hearing and decision may, by\nfurther order, require such utility or utilities to refund to the persons in whose behalf\nthe amounts were paid that portion of the increased rates or charges as by its\ndecision shall be found unreasonable. Provided, however, if the commission, at any\ntime, during the suspension period, finds that the company's credit or operations\nwill be materially impaired or damaged by the failure to permit the rates to become\neffective during the period, the commission may, after any hearing or hearings,\npermit all or  a portion of the rates to become effective under terms and conditions\nas the commission may, by order, prescribe.\n(3) At any hearing involving the rate or charge sought to be increased, the burden of\nproof to show that the increased rate or charge is just  and reasonable shall be upon\nthe utility, and the commission shall give to the hearing and decision of such\nquestions preference over other questions pending before it and decide the same as\nspeedily as possible, and in any event not later than ten (10) m onths after the filing\nof such schedules.\n(4) If the commission, by order, directs any utility to make a refund, as hereinabove\nprovided, of all or any portion of the increased rates or charges, the utility shall\nmake the refund within sixty (60) days afte r a final determination of the proceeding\nby an order of the court or commission with or without interest in the discretion of\nthe commission. If the utility fails to make the refund within sixty (60) days after\nthe final determination, any party entitled to a refund may, after ten (10) days'\nwritten demand, bring an action in any court of competent jurisdiction of this state,\nand may recover, in addition to the amount of the refund due, legal interest, court\ncosts, and reasonable attorney's fees. No such a ction may be maintained unless\ninstituted within one (1) year after the final determination. Any number of persons\nentitled to refunds may join in as plaintiffs in a single action and the court shall\nrender a judgment severally for each plaintiff as his interest may appear.","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=14072","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:29Z","sha256":"f8e86016244a8355ef4b7d6f9cb66e8989e84a9f11d9be1742494812a8c78738","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.185","next":"us-ky/krs-278.192"},"notice":"GroundRules: Original legal text. Not legal advice."}