{"data":{"id":"us-ky/krs-279.120","jurisdiction":"us-ky","citation":"KRS 279.120","heading":"Persons with whom corporation may do business -- Conditions for","body":"acquisition of new base load generating facility.\n(1) Except as provided in subsections (2), (3), and (4) of this section, corporations\nformed under this chapter shall supply electric ene rgy, furnish services, and sell\npersonal property, except that transferred in part payment for other personal\nproperty, to their members only.\n(2) Except as provided in subsections (3), (4), and (5) of this section and in KRS\n279.125, any corporation forme d under this chapter may supply electric energy,\nfurnish services and sell property, to the extent of not more than forty -nine percent\n(49%) of its total business, to nonmembers of the corporation, including any federal\nagency, any state, and any county, city or political subdivision.\n(3) A corporation formed under this chapter may sell and lease back any part or all of\nits property free of the restrictions contained in subsections (1) and (2) of this\nsection, or any other section of the Kentucky Revised St atutes except that such sale\nshall be subject to KRS 279.140.\n(4) A corporation formed under this chapter on or before December 31, 2005, may\nsupply electric energy to a nonmember of the corporation free of the restrictions\ncontained in subsections (1) and (2) of this section only if:\n(a) The hourly amount of electric energy supplied is produced by a generator\nowned or leased by the corporation; and\n(b) The hourly amount of electric energy supplied was previously used by a\nmember of the corporation, which i s also a corporation formed under this\nchapter on or before December 31, 2005, to provide electric service to a retail\ncustomer with an annual hourly peak electric energy requirement of more than\ntwo hundred (200) megawatts.\n(5) A sale of electric energy a uthorized by subsection (4) of this section shall be\nconsidered member business for purposes of subsection (2) of this section.\n(6) A corporation formed under this chapter that is supplying electric energy to a\nnonmember of the corporation under subsection s (4) and (5) of this section may\nacquire a new base load generating facility for its system by purchase, lease, or\nconstruction only if, at the time the corporation enters into a binding commitment\nfor the acquisition of the new base load generating facil ity, the number of\nmegawatts the corporation is supplying to nonmembers of the corporation is forty -\nnine percent (49%) or less of the total number of megawatts that the corporation is\nsupplying to all persons.","path":["KRS Chapter 279"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=14195","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:31Z","sha256":"f0101234301c17f9e32dfe9cd6626275da1a4e747ea9976d64eeb24df34df15d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-279.110","next":"us-ky/krs-279.125"},"notice":"GroundRules: Original legal text. Not legal advice."}