The PUBLIC SERVICE COMMISSION OF KENTUCKY, Appellant,
v.
COMMONWEALTH of Kentucky, and Duke Energy Kentucky, Inc., f/k/a The Union Light, Heat and Power Company, Appellees. and
Kentucky Cabinet for Economic Development, Real Party in Interest.
The Union Light, Heat and Power Company (n/k/a Duke Energy Kentucky, Inc.), Appellant,
v.
Commonwealth of Kentucky, and The Public Service Commission of Kentucky, Appellees. and
Atmos Energy Corporation, et al., Real Parties in Interest.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
Jack Conway , Attorney General, David Edward Spenard , Assistant Attorney General, Office of Rate Intervention, Frankfort, KY, for Appellee, Commonwealth of Kentucky.
Kendrick Riggs , Deborah Tully Eversole , William Duncan Crosby, III , Stoll Keenon Ogden PLLC, Allyson Kay Sturgeon , E. On U.S. LLC, Louisville, KY, for Amicus Curiae, Atmos Energy Corporation; Big Rivers Electric Corporation; Columbia Gas of Kentucky, Inc.; Delta Natural Gas Company; East Kentucky Power Cooperative; Jackson Energy Cooperative Corporation; Kenergy Corporation; Kentucky Association of Electric Cooperatives, Inc.; Kentucky Rural Water Association, Inc.; Kentucky Utilities Company; Louisville Gas and Electric Company; Taylor County Rural Electric Cooperative Corporation.
Clayton Otis Oswald , Taylor, Keller, Dunaway & Tooms, PLLC, London, KY, for Amicus Curiae, Jackson Energy Cooperative Corporation.
Frank N. King, Jr. , Dorsey, King, Gray, Norment & Hopgood, Henderson, KY, for Amicus Curiae, Kenergy Corporation.
Daniel T. Yates , Governmental Affairs and Member Counsel, Kentucky Association of Electric Cooperative, Inc., Louisville, KY, for Amicus Curiae, Kentucky Association of Electric Cooperatives, Inc.
Damon R. Talley , Hodgenville, KY, for Amicus Curiae, Kentucky Rural Water Association, Inc.
Robert M. Spragens, Jr. , Spragens & Higdon, PSC, Lebanon, KY, for Amicus Curiae, Taylor County Rural Electric Cooperative Corporation.
Supreme Court of Kentucky.
Opinion of the Court by Justice ABRAMSON.
For over twenty years, the Kentucky Public Service Commission (PSC) has allowed utilities operating in Kentucky to offer economic development rates (EDRs) to qualifying customers. These reduced gas and electric rates, as the name implies, are intended to promote economic development by encouraging both existing and potential commercial and industrial customers to invest capital in the Commonwealth, thereby creating jobs and...
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