SIMPSON COUNTY WATER DIST. v. FRANKLIN

No. 93-SC-47-DG.

872 S.W.2d 460 (1994)

SIMPSON COUNTY WATER DISTRICT, Appellant, v. CITY OF FRANKLIN, Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied April 21, 1994.


Attorney(s) appearing for the Case

Charles E. English, Whayne C. Priest, Jr., D. Gaines Penn, English, Lucas, Priest & Owsley, Bowling Green, KY, for appellant.

Timothy J. Crocker, Robert D. Wilkey, Crocker & Wilkey, Franklin, for appellee.

Christina A. Heavrin, City Law Director, Joseph B. Helm, Charles S. Cassis, Brown, Todd & Heyburn, Louisville, James Park, Jr., Katherine Randall, Brown, Todd & Heyburn, Lexington, amici curiae.


REYNOLDS, Justice.

The issue for decision is whether the Public Service Commission (PSC) has exclusive jurisdiction over the regulation of utility rates and service which extends to a city contracting for the sale and supply of water to a PSC-regulated county water district.

As background:

The Simpson County Water District (District) is a statutorily created public water district operated and regulated pursuant to KRS Chapter 74 and is expressly subject...

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