{"data":{"id":"us-ky/krs-278.285","jurisdiction":"us-ky","citation":"KRS 278.285","heading":"Demand-side management plans -- Review and approval of proposed plans","body":"and mechanisms -- Assignment of costs -- Home energy assistance programs.\n(1) The commission may determine the reasonableness of demand -side management\nplans proposed by any utility  under its jurisdiction. Factors to be considered in this\ndetermination include, but are not limited to, the following:\n(a) The specific changes in customers' consumption patterns which a utility is\nattempting to influence;\n(b) The cost and benefit analysi s and other justification for specific demand -side\nmanagement programs and measures included in a utility's proposed plan;\n(c) A utility's proposal to recover in rates the full costs of demand -side\nmanagement programs, any net revenues lost due to reduced sales resulting\nfrom demand-side management programs, and incentives designed to provide\npositive financial rewards to a utility to encourage implementation of cost -\neffective demand-side management programs;\n(d) Whether a utility's proposed demand -side man agement programs are\nconsistent with its most recent long-range integrated resource plan;\n(e) Whether the plan results in any unreasonable prejudice or disadvantage to any\nclass of customers;\n(f) The extent to which customer representatives and the Office of the Attorney\nGeneral have been involved in developing the plan, including program design,\ncost recovery mechanisms, and financial incentives, and if involved, the\namount of support for the plan by each participant, provided however, that\nunanimity among the participants developing the plan shall not be required for\nthe commission to approve the plan;\n(g) The extent to which the plan provides programs which are available,\naffordable, and useful to all customers; and\n(h) Next-generation residential utility  meters that can provide residents with\namount of current utility usage, its cost, and can be capable of being read by\nthe utility either remotely or from the exterior of the home.\n(2) A proposed demand-side management mechanism including:\n(a) Recover the full costs of commission -approved demand -side management\nprograms and revenues lost by implementing these programs;\n(b) Obtain incentives designed to provide financial rewards to the utility for\nimplementing cost-effective demand-side management programs; or\n(c) Both of the actions specified\nmay be reviewed and approved by the commission as part of a proceeding for\napproval of new rate schedules initiated pursuant to KRS 278.190 or in a separate\nproceeding initiated pursuant to this section which shall be limited to a review of\ndemand-side management issues and related rate -recovery issues as set forth in\nsubsection (1) of this section and in this subsection.\n(3) The commission shall assign the cost of demand-side management programs only to\nthe class or classes of customers which benefit from the programs. The commission\nshall allow individual industrial customers with energy intensive processes to\nimplement cost-effective energy efficiency measures in lieu of measures approved\nas part of the utility's demand -side management programs if the alternative\nmeasures by these customers are not subsidized by other customer classes. Such\nindividual industrial customers sha ll not be assigned the cost of demand -side\nmanagement programs.\n(4) Home energy assistance programs may be part of a demand -side management\nprogram. In considering a home energy assistance program, the commission shall\nonly utilize the criteria set forth in subsections (1)(f) and (3) of this section.","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=14100","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:30Z","sha256":"c79309d5ca5b72240b864dc38af115cee372c572803b2ccbab494d3945a0ef5a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.280","next":"us-ky/krs-278.287"},"notice":"GroundRules: Original legal text. Not legal advice."}
