Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
65.810, 74, 96.934, 220.510, 278, 49 C.F.R.
Part 192, 49 U.S.C. 60105
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
278.230(3) requires every
utility to file with the commission reports, schedules, and other information
that the commission requires.
KRS
278.280(2) requires the
commission to promulgate an administrative regulation for the performance of a
service or the furnishing of a commodity by a utility. This administrative
regulation establishes requirements that apply to electric, gas, water, sewage,
and telephone utilities.
Section 1.
Definitions.
(1) "Built-up community" means
urban areas and those areas immediately adjacent.
(2) "Commission" is defined by
KRS
278.010(15).
(3) "Corporation" is defined by
KRS
278.010(1).
(4) "Customer" means a person, firm,
corporation, or body politic applying for or receiving service from a
utility.
(5) "Gross Annual
Operating Revenue Reports" means reports that
KRS
278.140 requires each utility to file with
the commission.
(6) "Nonrecurring
charge" means a charge or fee assessed to a customer to recover the specific
cost of an activity, which:
(a) Is due to a
specific request for a certain type of service activity for which, once the
activity is completed, additional charges are not incurred; and
(b) Is limited to only recover the specific
cost of the specific service.
(7) "Person" is defined by
KRS
278.010(2).
(8) "Tariff" means a utility's schedule of
all its rates, charges, tolls, maps, terms, and conditions of service over
which the commission has jurisdiction.
(9) "Utility" is defined by
KRS
278.010(3).
(10) "Water association" means a non-profit
corporation, association, or cooperative corporation having as its purpose the
furnishing of a public water supply.
(11) "Water District" means a special
district formed pursuant to
KRS
65.810 and KRS Chapter 74.
Section 2. General Provisions.
Reference to standards or codes in 807 KAR Chapter 5 shall not prohibit a
utility from continuing or initiating experimental work and installations to
improve, decrease the cost of, or increase the safety of its service.
Section 3. Utility Contact Information.
(1) A utility shall notify the commission in
writing of:
(a) The address of its main
corporate and Kentucky offices, including street address and post office box,
city, state, and zip code;
(b) The
name, telephone number, facsimile number, and mailing address of the person who
serves as its primary liaison with the commission regarding its operations;
and
(c) Its electronic mail
address.
(2) The
electronic mail address required in subsection (1) of this section shall be to
an electronic mail account that the utility accesses at least once weekly and
that is capable of receiving electronic mail from external sources and with
attachments up to five (5) megabytes in size. Unless a utility otherwise
advises the commission in writing, all electronic mail transmissions from the
commission to the utility shall be sent to this address.
(3) A utility shall notify the commission in
writing of a change in the information required in subsection (1) of this
section within ten (10) days of the date of the change.
Section 4. Reports.
(1) Gross annual operating revenue reports.
(a) Each utility shall file with the
commission its gross operating revenue report on or before March 31 of each
year.
(b) An extension request
shall not be permitted for a gross annual operating revenue report.
(c) A utility may file an amendment to its
report. An amendment shall be filed with the commission on or before May 24 of
the same year.
(d) The commission
shall:
1. Not certify to the Department of
Revenue the amounts of intrastate business established in an amendment filed
with the commission after May 24 of that year; and
2. Report those amounts to the Department of
Revenue for informational purposes.
(2) Financial and statistical reports.
(a) Every utility shall file annually using
the commission's electronic filing system a financial and statistical report on
or before March 31 of each year.
(b) This report shall be based upon utility
type and the accounts established in conformity with the uniform system of
accounts prescribed for that utility type.
(c) If documents are required to supplement
or complete the report and cannot be submitted through the commission's
electronic filing system, the utility shall file these documents in paper form
with the commission no later than March 31.
(d) The commission shall make the reporting
forms available on the commission's Web site at
http://psc.ky.gov/.
(e) For good cause shown, the executive
director of the commission shall, upon application in writing, allow an
appropriate extension of time for the filing.
(3) Financial statement audit reports. A
utility required to file a report in accordance with subsection (2) of this
section shall file with the commission on or before September 30 each year, a
copy of the audit report of the Kentucky regulated entity, from the audit
performed the previous year, or a statement that no audit was performed of the
Kentucky regulated entity the previous year. For good cause shown, the
executive director of the commission shall, upon application in writing, allow
an appropriate extension of time for the filing.
(4) Report of meters, customers, and refunds.
Each gas, electric, or water utility shall file quarterly either a Quarterly
Meter Report-Electric, Quarterly Meter Report, or a Quarterly Meter
Report-Electric-Gas-Water, of meter tests, number of customers, and amount of
refunds.
(5) Report of terminations
for nonpayment of bills. Each water, electric, or gas utility shall file either
the Water Utility Non-Payment Disconnection/Reconnection Report, Electric
Utility Non-Payment Disconnection/Reconnection Report, or Gas Utility
Non-Payment Disconnec-tion/Reconnection Report, annually to report the number
of residential accounts terminated for nonpayment. These reports shall be filed
no later than August 15 and shall cover the period ending June 30.
(6) Record and report retention. All records
and reports shall be retained in accordance with the uniform system of accounts
unless otherwise specified.
(7)
Transmittal letter. Each report shall be accompanied by a transmittal letter
describing the report being furnished.
(8) Amending reports. Upon discovering a
material error in a report filed with the commission, a utility shall file an
amended report to correct the error.
Section 5. Service Information.
(1)
(a) A
utility shall, on request, give its customers or prospective customers
information that enables the customers to secure safe, efficient, and
continuous service.
(b) A utility
shall inform its customers of a change made or proposed in the character of its
service that might affect the efficiency, safety, or continuity of
operation.
(2) Prior to
making a substantial change in the character of the service furnished that
would affect the efficiency, adjustment, speed, or operation of the equipment
or appliances of a customer, a utility shall apply for the commission's
approval. The application shall show the nature of the change to be made, the
number of customers affected, and the manner in which they will be
affected.
(3) The utility shall
inform each applicant for service of each type, class, and character of service
available at each location.
Section
6. Special Rules or Requirements.
(1) A utility shall not establish a special
rule or requirement without first obtaining the approval of the
commission.
(2) Unless specifically
authorized by this administrative regulation, a utility shall not deny or
refuse service to a customer who has complied with all conditions of service
established in the utility's tariff on file with the commission
(3)
(a)
Obtaining easements and rights-of-way necessary to extend service shall be the
responsibility of the utility.
(b)
A utility shall not:
1. Require a prospective
customer to obtain easements or rights-of-way on property not owned by the
prospective customer as a condition for providing service; or
2. Refuse to provide service to a prospective
or existing customer on the basis of that customer's refusal to grant an
easement for facilities that do not serve the customer.
(c) The cost of obtaining easements or
rights-of-way shall be included in the total per foot cost of an extension, and
shall be apportioned among the utility and customer in accordance with
807 KAR 5:041,
807 KAR 5:061, or
807 KAR 5:066.
Section 7. Billings,
Meter Readings, and Information.
(1)
Information on bills.
(a) Each bill for
utility service issued periodically by a utility shall clearly show:
1. The date the bill was issued;
2. Class of service;
3. Present and last preceding meter
readings;
4. Date of the present
reading;
5. Number of units
consumed;
6. Meter constant, if
applicable;
7. Net amount for
service rendered;
8. All
taxes;
9. Adjustments, if
applicable;
10. The gross amount of
the bill;
11. The date after which
a penalty may apply to the gross amount; and
12. If the bill is estimated or
calculated.
(b) The rate
schedule under which the bill is computed shall be posted on the utility's Web
site, if it maintains a Web site, and shall also be furnished under one (1) of
the following methods, by:
1. Printing it on
the bill;
2. Publishing it in a
newspaper of general circulation once each year;
3. Mailing it to each customer once each
year; or
4. Providing a place on
each bill for a customer to indicate the customer's desire for a copy of the
applicable rates. The utility shall mail the customer a copy by return first
class mail.
(2) Flat rates. Flat rates for unmetered
service shall approximate as closely as possible the utility's rates for
metered service. The rate schedule shall clearly establish the basis upon which
consumption is estimated.
(3) Bill
format. Each utility shall include the billing form; including an e-bill form,
if applicable; to be used by it, or its contents, in its tariffed
rules.
(4) Meter readings.
Registration of each meter shall read in the same units as used for billing
unless a conversion factor is shown on the billing form.
(5) Frequency of meter reading.
(a) Except as provided in paragraph (b) of
this subsection, each utility, except if prevented by reasons beyond its
control, shall read customer meters at least quarterly;
(b) Each customer-read meter shall be read
manually, at least once during each calendar year.
(c) Records shall be kept by the utility to
insure that the information required by this subsection is available to the
commission and any customer requesting this information.
(d) If, due to reasons beyond its control, a
utility is unable to read a meter in accordance with this subsection, the
utility shall record the date and time the attempt was made, if applicable, and
the reason the utility was unable to read the meter.
Section 8. Deposits.
(1) Determination of deposits.
(a) A utility may require from a customer a
minimum cash deposit or other guaranty to secure payment of bills, except from
those customers qualifying for service reconnection pursuant to Section 16 of
this administrative regulation.
(b)
A utility shall not require a deposit based solely on the customer being a
tenant or renter.
(c) The method of
determining the amount of a cash deposit may differ between classes of
customers, but shall be uniform for all customers within the same
class.
(d) The amount of a cash
deposit shall be determined by one (1) of the methods established in this
paragraph.
1. Calculated deposits.
a. If actual usage data is available for the
customer at the same or similar premises, the deposit amount shall be
calculated using the customer's average bill for the most recent twelve (12)
month period.
b. If actual usage
data is not available, the deposit amount shall be based on the average bills
of similar customers and premises in the system.
c. Deposit amounts shall not exceed
two-twelfths (2/12) of the customer's actual or estimated annual bill if bills
are rendered monthly, three-twelfths (3/12) if bills are rendered bimonthly, or
four-twelfths (4/12) if bills are rendered quarterly.
2. Equal deposits.
a. A utility may establish an equal deposit
amount for each class based on the average bill of customers in that
class.
b. Deposit amounts shall not
exceed two-twelfths (2/12) of the average bill of customers in the class if
bills are rendered monthly, three-twelfths (3/12) if bills are rendered
bimonthly, or four-twelfths (4/12) if bills are rendered quarterly.
3. Recalculation of deposits.
a. If a utility retains either an equal or
calculated deposit for more than eighteen (18) months, it shall notify
customers in writing that, at the customer's request, the deposit shall be
recalculated every eighteen (18) months based on actual usage of the
customer.
b. The notice of deposit
recalculation shall be included:
(i) On the
customer's application for service;
(ii) On the receipt of deposit; or
(iii) Annually with or on customer
bills.
c. The notice of
deposit recalculation shall state that if the deposit on account differs by
more than ten (10) dollars for residential customers, or by more than ten (10)
percent for non-residential customers, from the deposit calculated on actual
usage, the utility shall refund any over-collection and may collect any
underpayment.
d. A refund shall be
made either by check, electronic funds transfer, or by credit to the customer's
account, except that a utility shall not be required to refund an excess
deposit if the customer's account is delinquent upon recalculation of the
deposit.
(2) Waiver of deposits. Deposits may be
waived in accordance with criteria established in its tariff.
(3) Additional deposit requirement.
(a) If a deposit has been waived as
established in subsection (2) of this section or has been returned and the
customer fails to maintain a satisfactory payment record as defined in the
utility's tariff, a utility may require a deposit.
(b) If substantial change in the customer's
usage has occurred, the utility may require an additional deposit.
(c) An additional or subsequent deposit shall
not be required of a residential customer whose payment record is satisfactory,
unless the customer's classification of service changes, except as established
in subsection (1)(d)3 of this section.
(4) Receipt of deposit.
(a) A utility shall issue to every customer
from whom a deposit is collected a receipt of deposit.
(b) The receipt shall show the name of the
customer, location of the service or customer account number, date, and amount
of deposit.
(c) If the notice of
recalculation established in subsection (1)(d)3 of this section is not included
in the utility's application for service or mailed with customer bills, the
receipt of deposit shall contain the notification.
(d) If deposit amounts change, the utility
shall issue a new receipt of deposit to the customer.
(5) Deposits as a condition of service.
Except as established in Section 16 of this administrative regulation, a
utility may refuse or discontinue service to a customer pursuant to Section 15
of this administrative regulation if payment of requested deposits is not
made.
(6) Interest on deposits.
(a) Interest shall accrue on all deposits at
the rate prescribed by
KRS
278.460, beginning on the date of
deposit.
(b) Interest accrued shall
be refunded to the customer or credited to the customer's bill on an annual
basis.
(c) If interest is paid or
credited to the customer's bill prior to twelve (12) months from the date of
deposit, or the last interest payment date, the payment or credit shall be on a
prorated basis.
(d) Upon
termination of service, the deposit; any principal amounts, and interest earned
and owing shall be credited to the final bill with any remainder refunded to
the customer.
(7)
Interest on deposits for water districts and associations.
(a) A water district or association that
maintains a separate interest-bearing bank account designated as the customer
deposit account shall pay interest to its customers on the deposits held at the
rate in effect at each customer's anniversary date or at December 31 of the
previous year for the customer deposit account.
(b) A water district or association that does
not maintain a separate interest-bearing bank account designated as the
customer deposit account shall pay interest to its customers on the deposits
held at a rate that is the weighted average rate of all of its interest bearing
accounts as of December 31 of the previous year.
(c) If the water district or association does
not have funds in an interest-bearing account, the water district or
association shall pay interest to its customers on the deposits held at the
rate in effect at each customer's anniversary date or at December 31 of the
previous year for a basic savings account at the financial institution at which
the water district or association maintains its operation and maintenance
account.
(8) Tariff
requirements. A utility that chooses to require deposits shall establish and
include in its filed tariff the deposit policy to be utilized. This policy
shall include:
(a) The method by which deposit
amounts will be determined for each customer class;
(b) Standard criteria for determining if a
deposit will be required or waived;
(c) The deposit amount for each customer
class if the method in subsection (1)(d)(2) of this section is used;
(d) The period of time the utility will
retain the deposit, or the conditions under which the utility will refund the
deposit, or both if applicable; and
(e) The manner in which interest on deposits
will be calculated and accrued and refunded or credited to customers'
bills.
Section
9. Nonrecurring Charges.
(1) A
utility may make special nonrecurring charges to recover customer-specific
costs incurred that would otherwise result in monetary loss to the utility or
increased rates to other customers to whom no benefits accrue from the service
provided or action taken. A utility desiring to establish or change a special
nonrecurring charge shall apply for commission approval of the charge in
accordance with the provisions of
807 KAR 5:011, Section
10.
(2) A nonrecurring charge shall
be included in a utility's tariff and applied uniformly throughout the area
served by the utility. A charge shall relate directly to the service performed
or action taken and shall yield only enough revenue to pay the expenses
incurred in rendering the service.
(3) A nonrecurring charge shall include the
charges listed in this subsection and may include other customer specific costs
in accordance with this section and
807 KAR 5:011, Section
10.
(a) Turn-on charge.
1. A turn-on charge may be assessed for a new
service turn on, seasonal turn on, or temporary service.
2. A turn-on charge shall not be made for
initial installation of service if a tap fee is applicable.
(b) Reconnect charge.
1. A reconnect charge may be assessed to
reconnect a service that has been terminated for nonpayment of bills or
violation of the utility's tariffed rules or 807 KAR Chapter 5.
2. A customer who qualifies for service
reconnection pursuant to Section 16 of this administrative regulation shall be
exempt from reconnect charges.
(c) Termination or field collection charge.
1. A charge may be assessed if a utility
representative makes a trip to the premises of a customer for the purpose of
terminating service.
2. The charge
may be assessed if the utility representative actually terminates service or
if, in the course of the trip, the utility representative agrees to delay
termination based on the customer's payment or agreement to pay the delinquent
bill by a specific date.
3. The
utility shall not make a field collection charge more than once in a billing
period.
(d) Special
meter reading charge. This charge may be assessed if:
1. A customer requests that a meter be
reread, and the second reading shows the original reading was correct. A charge
shall not be assessed if the original reading was incorrect; or
2. A customer who reads his or her own meter
fails to read the meter for three (3) consecutive months and it is necessary
for a utility representative to make a trip to read the meter.
(e) Meter resetting charge. A
charge may be assessed for resetting a meter if the meter has been removed at
the customer's request.
(f) Meter
test charge. This charge may be assessed if a customer requests the meter be
tested pursuant to Section 19 of this administrative regulation and the tests
show the as-found meter accuracy is within the limits established by
807 KAR 5:022,
Section 8(3)(a)1. and 8(3)(b)1.; 5:041, Section 17(1); or 5:066, Section
15(2)(a).
(g) Returned payment
charge. A returned payment charge may be assessed if payment of a utility bill
is not honored by the customer's financial institution.
(h) Late payment charge. A late payment
charge may be assessed if a customer fails to pay a bill for services by the
due date shown on the customer's bill.
1. The
late payment charge may be assessed only once on a bill for rendered
services.
2. A payment received
shall first be applied to the bill for service rendered.
3. Additional late payment charges shall not
be assessed on unpaid late payment charges.
Section 10. Customer Complaints to
the Utility.
(1) Upon complaint to a utility
by a customer at the utility's office, by telephone or in writing, the utility
shall make a prompt and complete investigation and advise the customer of the
utility's findings.
(2) The utility
shall keep a record of all written complaints concerning the utility's service.
This record shall include:
(a) The customer's
name and address;
(b) The date and
nature of the complaint; and
(c)
The disposition of the complaint.
(3) Records shall be maintained for two (2)
years from the date of resolution of the complaint.
(4) If a written complaint or a complaint
made in person at the utility's office is not resolved, the utility shall
provide written notice to the customer of his or her right to file a complaint
with the commission and shall provide the customer with the mailing address,
Web site address, and telephone number of the commission.
(5) If a telephonic complaint is not
resolved, the utility shall provide at least oral notice to the customer of his
or her right to file a complaint with the commission and the mailing address,
Web site address, and telephone number of the commission.
Section 11. Bill Adjustment for Gas,
Electric, or Water Utilities.
(1) If, upon
periodic test, request test, or complaint test, a meter in service is found to
be in error in excess of the limits established by
807 KAR 5:022,
Section 8(3)(a)2.; 5:041, Section 17(1); or 5:066, Section 15(4), additional
tests shall be made in accordance with those same administrative regulations
applicable for the meter type involved to determine the average meter
error.
(2)
(a) If test results on a customer's meter
show an average meter error greater than two (2) percent fast or slow, or if a
customer has been incorrectly billed for another reason, except if a utility
has filed a verified complaint with the appropriate law enforcement agency
alleging fraud or theft by a customer, the utility shall:
1. Immediately determine the period during
which the error has existed;
2.
Recompute and adjust the customer's bill to either provide a refund to the
customer or collect an additional amount of revenue from the underbilled
customer; and
3. Readjust the
account based upon the period during which the error is known to have
existed.
(b)
1. If the period during which the error
existed cannot be determined with reasonable precision, the time period shall
be estimated using the data as elapsed time since the last meter test, if
applicable, and historical usage data for the customer.
2. If that data is not available, the average
usage of a similar class of customers shall be used for comparison purposes in
calculating the time period.
(c) If the customer and the utility are
unable to agree on an estimate of the time period during which the error
existed, the commission shall determine the issue based on this
section.
(d) In an instance of
customer overbilling, the customer's account shall be credited or the
overbilled amount refunded at the discretion of the customer within thirty (30)
days after the investigation is complete.
(e) A utility shall not require customer
repayment of an underbilling to be made over a period shorter than a period
coextensive with the underbilling.
(3) Monitoring usage.
(a) A utility shall monitor a customer's
usage at least quarterly according to procedures that shall be included in its
tariff.
(b) The procedures shall be
designed to draw the utility's attention to unusual deviations in a customer's
usage and shall provide for reasonable means by which the utility can determine
the reasons for the unusual deviation.
(c) If a customer's usage is unduly high and
the deviation is not otherwise explained, the utility shall test the customer's
meter to determine if the meter shows an average meter error greater than two
(2) percent fast or slow.
(4) Usage investigation.
(a) If a utility's procedure for monitoring
usage indicates that an investigation of a customer's usage is necessary, the
utility shall notify the customer in writing:
1. Within ten (10) days of removing the meter
from service, that a usage investigation is being conducted and the reasons for
the investigation; and
2. Within
ten (10) days upon completion of the investigation of the findings of the
investigation.
(b) If
knowledge of a serious situation requires more expeditious notice, the utility
shall notify the customer by the most expedient means available.
(c) If the meter shows an average meter error
greater than two (2) percent fast or slow, the utility shall maintain the meter
in question at a secure location under the utility's control, for a period of
six (6) months from the date the customer is notified of the finding of the
investigation and the time frame the meter will be secured by the utility or if
the customer has filed a formal complaint pursuant to
KRS
278.260, the meter shall be maintained until
the proceeding is resolved.
(5) Customer notification. If a meter is
tested and it is found necessary to make a refund or back bill a customer, the
customer shall be notified in substantially the following form:
On ___________ , (date)___, the meter bearing identification
No. ____ installed in your building located at _____ (Street and Number) in
___________ (city) was tested at ___________ (on premises or elsewhere) and
found to register _____ (percent fast or slow). The meter was tested on
____________ (Periodic, Request, Complaint) test. Based upon these test results
the utility will __________ (charge or credit) your account in the sum of $
__________ , which has been noted on your regular bill. If you desire a cash
refund, rather than a credit to your account, of any amount overbilled, you
shall notify this office in writing within seven (7) days of the date of this
notice.
(6) A customer
account shall be considered to be current while a dispute is pending pursuant
to this section, if the customer:
(a)
Continues to make payments for the disputed period in accordance with historic
usage, or if that data is not available, the average usage of similar customer
loads; and
(b) Stays current on
subsequent bills.
Section
12. Status of Customer Accounts During Billing Dispute. With
respect to a billing dispute to which Section 11 of this administrative
regulation does not apply, a customer account shall be considered to be current
while the dispute is pending if the customer continues to make undisputed
payments and stays current on subsequent bills.
Section 13. Customer's Request for
Termination of Service.
(1)
(a) A customer who requests that service be
terminated or changed from one (1) address to another shall give the utility
three (3) working days' notice in person, in writing, or by telephone, if the
notice does not violate contractual obligations or tariff provisions.
(b) The customer shall not be responsible for
charges for service beyond the three (3) day notice period if the customer
provides access to the meter during the notice period in accordance with
section 20 of this administrative regulation.
(c) If the customer notifies the utility of
his request for termination by telephone, the burden of proof shall be on the
customer to prove that service termination was requested if a dispute
arises.
(2) Upon request
that service be reconnected at a premises subsequent to the initial
installation or connection to its service lines, the utility may, subject to
subsection (3) of this section, charge the applicant a reconnect fee
established in its filed tariff.
(3) A utility desiring to establish a
termination or reconnection charge pursuant to subsection (2) of this section
shall apply for commission approval of the charge in accordance with the
provisions of
807 KAR 5:011, Section
10.
Section 14. Utility
Customer Relations.
(1) A utility shall post
and maintain regular business hours and provide representatives available to
assist its customers and to respond to inquiries from the commission regarding
customer complaints.
(a) Available telephone
numbers. Each utility shall:
1. Maintain a
telephone;
2. Publish the telephone
number in all service areas; and
3.
Permit all customers to contact the utility's designated representative without
charge.
(b) Designated
representatives. Each utility shall designate at least one (1) representative
to be available to answer customer questions, resolve disputes, and negotiate
partial payment plans at the utility's office. The designated representative
shall be knowledgeable of this administrative regulation;
807 KAR 5:001,
Section 20;
KRS
278.160(2); and
KRS
278.225 regarding customer bills and service
and shall be authorized to negotiate and accept partial payment plans.
1. Each water, sewer, electric, or gas
utility having annual operating revenues of $250,000 or more shall make the
designated representative available during the utility's established working
hours not fewer than seven (7) hours per day, five (5) days per week, excluding
legal holidays.
2. Each water,
sewer, electric, or gas utility having annual operating revenues of less than
$250,000 shall make the designated representative available during the
utility's established working hours not fewer than seven (7) hours per day, one
(1) day per week. Additionally, during the months of November through March,
each utility providing gas or electric service shall make available the
designated representative during the utility's established working hours not
fewer than five (5) days per week, excluding legal holidays.
(c) Display of customer rights.
1. Each utility shall prominently display in
each office open to the public for customer service, and shall post on its Web
site, if it maintains a Web site, a summary, prepared and provided by the
commission, of the customer's rights pursuant to this section and Section 16 of
this administrative regulation.
2.
If a customer indicates to any utility personnel that he or she is experiencing
difficulty in paying a current utility bill, that employee shall refer the
customer to the designated representative for an explanation of his or her
rights.
(d) Utility
personnel training.
1. The chief operating
officer of a utility that provides electric or gas service to residential
customers shall certify under oath annually the training of utility personnel
assigned to counsel persons presenting themselves for utility service pursuant
to this section.
2. If the electric
or gas utility is not incorporated in Kentucky and if the utility's corporate
headquarters is not located in Kentucky, then the utility's highest ranking
officer located in Kentucky shall make the required certification.
3. Training shall include an annual review of
this administrative regulation and policies regarding winter hardship and
disconnect, Cabinet for Health and Family Services (or its designee) policy and
programs for issuing certificates of need, and the utility's policies regarding
collection, arrears repayment plans, budget billing procedures, and weather or
health disconnect policies.
4.
Certification shall include written notice to the commission by no later than
October 31 of each year identifying the personnel trained, the date training
occurred, and that the training met the requirements of this section.
(2) Partial payment
plans. Each utility shall negotiate and accept reasonable partial payment plans
at the request of residential customers who have received a termination notice
for failure to pay as provided in Section 15 of this administrative regulation,
except that a utility is not required to negotiate a partial payment plan with
a customer who is delinquent under a previous partial payment plan. Partial
payment plans shall be mutually agreed upon and subject to the conditions in
this section and Section 15 of this administrative regulation. Partial payment
plans that extend for a period longer than thirty (30) days shall be in writing
or electronically recorded, state the date and the amount of payment due.
Written partial payment plans shall be dated and signed by both parties, and
shall advise customers that service may be terminated without additional notice
if the customer fails to meet the obligations of the plan.
(a) Budget payment plans for water, gas, and
electric utilities. A water, gas, and electric utility shall develop and offer
to the utility's residential customers a budget payment plan based on
historical or estimated usage whereby a customer may elect to pay a fixed
amount each month in lieu of monthly billings based on actual usage.
1. Pursuant to this plan, a utility shall
issue bills that adjust accounts so as to bring each participating customer
current once each twelve (12) month period. The customer's account may be
adjusted at the end of the twelve (12) month period or through a series of
levelized adjustments on a monthly basis if usage indicates that the account
will not be current upon payment of the last budget amount.
2. Budget payment plans shall be offered to
residential customers and may be offered to other classes of
customers.
3. The provisions of the
budget plan shall be included in the utility's tariffed rules.
4. The utility shall provide information to
its customers regarding the availability of budget payment plans.
(b) Partial payment plans for
customers with medical certificates or certificates of need. For customers
presenting certificates pursuant to the provisions of Sections 15(3) and 16 of
this administrative regulation, gas and electric utilities shall negotiate
partial payment plans based upon the customer's ability to pay, requiring
accounts to become current not later than the following October 15. The plans
include, for example, budget payment plans and plans that defer payment of a
portion of the arrearage until after the end of the heating season through a
schedule of unequal payments.
(3) Utility inspections of service conditions
prior to providing service. Each electric, gas, water, and sewer utility shall
inspect the condition of its meter and service connections before making
service connections to a new customer so that prior or fraudulent use of the
facilities shall not be attributed to the new customer.
(a) The new customer shall be afforded the
opportunity to be present at the inspections.
(b) The utility shall not be required to
render service to a customer until all defects in the customer-owned portion of
the service facilities have been corrected.
(4) Prompt connection of service. Except as
provided in Section 16 of this administrative regulation, the utility shall
reconnect existing service within twenty-four (24) hours or close of the next
business day, whichever is later, and shall install and connect new service
within seventy-two (72) hours or close of the next business day, whichever is
later, if the cause for refusal or discontinuance of service has been corrected
and the utility's tariffed rules and 807 KAR Chapter 5 have been met.
(5) Advance termination notice. If advance
termination notice is required, the termination notice shall be mailed or
otherwise delivered to the customer's last known address. The termination
notice shall be in writing, distinguishable and separate from a bill.
(a) The termination notice shall plainly
state the reason for termination, that the termination date shall not be
affected by receipt of a subsequent bill, and that the customer has the right
to dispute the reasons for termination.
(b) The termination notice shall also comply
with the applicable requirements of Section 15 of this administrative
regulation.
Section
15. Refusal or Termination of Service.
(1) A utility may refuse or terminate service
to a customer only pursuant to the following conditions, except as provided in
subsections (2) and (3) of this section:
(a)
For noncompliance with the utility's tariffed rules or the commission's
administrative regulations.
1. A utility may
terminate service for a customer's failure to comply with applicable tariffed
rules or 807 KAR Chapter 5 pertaining to that service.
2. A utility shall not terminate or refuse
service to a customer for noncompliance with the utility's tariffed rules or
807 KAR Chapter 5 without first having made a reasonable effort to obtain
customer compliance.
3. After the
effort by the utility, service may be terminated or refused only after the
customer has been given at least ten (10) days written termination notice
pursuant to Section 14(5) of this administrative regulation.
(b) For dangerous conditions. If a
dangerous condition relating to a utility's service that could subject a person
to imminent harm or result in substantial damage to the property of the utility
or others is found to exist on the customer's premises, the service shall be
refused or terminated without advance notice.
1. The utility shall notify the customer
immediately in writing and, if possible, orally of the reasons for the
termination or refusal.
2. The
notice shall be recorded by the utility and shall include the corrective action
to be taken by the customer or utility before service can be restored or
provided.
3. If the dangerous
condition, such as gas piping or a gas-fired appliance, can be effectively
isolated or secured from the rest of the system, the utility need discontinue
service only to the affected piping or appliance.
(c) For refusal of access. If a customer
refuses or neglects to provide reasonable access to the premises for
installation, operation, meter reading, maintenance, or removal of utility
property, the utility may terminate or refuse service. The action shall be
taken only if corrective action negotiated between the utility and customer has
failed to resolve the situation and after the customer has been given at least
ten (10) days' written notice of termination pursuant to Section 14(5) of this
administrative regulation.
(d) For
outstanding indebtedness. Except as provided in Section 16 of this
administrative regulation, a utility shall not be required to furnish new
service to a person contracting for service who is indebted to the utility for
service furnished or other tariffed charges until that person contracting for
service has paid his indebtedness.
(e) For noncompliance with state, local, or
other codes. A utility may refuse or terminate service to a customer if the
customer does not comply with state, municipal, or other codes. A utility may
terminate service pursuant to this subsection only after ten (10) days' written
notice is provided pursuant to Section 14(5) of this administrative regulation,
unless ordered to terminate immediately by a governmental official.
(f) For nonpayment of bills. A utility may
terminate service at a point of delivery for nonpayment of charges incurred for
utility service at that point of delivery. A utility shall not terminate
service to any person contracting for service for nonpayment of bills for any
tariffed charge without first having mailed or otherwise delivered an advance
termination notice which complies with the requirements of Section 14(5) of
this administrative regulation.
1. Termination
notice requirements for electric or gas service.
a. Each electric or gas utility proposing to
terminate customer service for nonpayment shall mail or otherwise deliver to
that customer ten (10) days' written notice of intent to terminate.
b. Service shall not, for any reason, be
terminated before twenty-seven (27) days after the mailing date of the original
unpaid bill.
c. The termination
notice to residential customers shall include written notification to the
customer of the existence of local, state, and federal programs providing for
the payment of utility bills under certain conditions, and of the address and
telephone number of the Cabinet for Health and Family Services (or its
designee) to contact for possible assistance.
2. Termination notice requirements for water,
sewer, or telephone service.
a. Each water,
sewer, or telephone utility proposing to terminate customer service for
nonpayment shall mail or otherwise deliver to that customer five (5) days'
written notice of intent to terminate.
b. Service shall not, for any reason, be
terminated before twenty (20) days after the mailing date of the original
unpaid bill.
3. The
termination notice requirements of this subsection shall not apply if
termination notice requirements to a particular customer or customers are
otherwise dictated by the terms of a special contract between the utility and
customer, which has been approved by the commission.
4. This subsection shall not prevent or
restrict a utility from discontinuing service if a sewer service provider
requests discontinuance of a customer's water service pursuant to
KRS
74.408,
96.934,
or
220.510,
nor shall it restrict a water district from discontinuing water service to a
customer who has failed to pay his bill for sewer service that the water
district has provided.
(g) For illegal use or theft of service. A
utility may terminate service to a customer without advance notice if it has
evidence that a customer has obtained unauthorized service by illegal use or
theft.
1.
a.
Within twenty-four (24) hours after termination, the utility shall send written
notification to the customer of the reasons for termination or refusal of
service upon which the utility relies, and of the customer's right to challenge
the termination by filing a formal complaint with the commission.
b. This right of termination is separate from
and in addition to any other legal remedies that the utility may pursue for
illegal use or theft of service.
2. The utility shall not be required to
restore service until the customer has complied with all tariffed rules of the
utility, KRS Chapter 278, and 807 KAR Chapter 5.
(2) A utility shall not terminate
service to a customer if:
(a) Payment for
services is made. If, following receipt of a termination notice for nonpayment
but prior to the actual termination of service payment of the amount in arrears
is received by the utility, service shall not be terminated;
(b) A payment agreement is in effect. Service
shall not be terminated for nonpayment if the customer and the utility have
entered into a partial payment plan in accordance with Section 14 of this
administrative regulation and the customer is meeting the requirements of the
plan; or
(c) A medical certificate
is presented. Service shall not be terminated for thirty (30) days beyond the
termination date if a physician, registered nurse, or public health officer
certifies in writing that termination of service will aggravate a debilitating
illness or infirmity currently suffered by a resident living at the affected
premises.
1. A utility may refuse to grant
consecutive extensions for medical certificates past the original thirty (30)
days unless the certificate is accompanied by an agreed partial payment plan in
accordance with Section 14 of this administrative regulation.
2. A utility shall not require a new deposit
from a customer to avoid termination of service for a thirty (30) day period
who presents to the utility a medical certificate certified in writing by a
physician, registered nurse, or public health officer.
(3) A gas or electric utility
shall not terminate service for thirty (30) days beyond the termination date if
the Kentucky Cabinet for Health and Family Services (or its designee) certifies
in writing that the customer is eligible for the cabinet's energy assistance
program or household income is at or below 130 percent of the poverty level,
and the customer presents the certificate to the utility.
(a) A customer eligible for certification
from the Cabinet for Health and Family Services shall have been issued a
termination notice between November 1 and March 31.
(b) Each certificate shall be presented to
the utility during the initial ten (10) day termination notice
period.
(c)
1. As a condition of the thirty (30) day
extension, the customer shall exhibit good faith in paying his indebtedness by
making a present payment in accordance with his ability to do so.
2. In addition, the customer shall agree to a
repayment plan in accordance with Section 14 of this administrative regulation,
which shall permit the customer to become current in the payment of his bill as
soon as possible but not later than October 15.
(d) A utility shall not require a new deposit
from a customer to avoid termination of service for a thirty (30) day period
who presents a certificate to the utility certified by the Cabinet for Health
and Family Services (or its designee) that the customer is eligible for the
cabinet's Energy Assistance Program or whose household income is at or below
130 percent of the poverty level.
Section 16. Winter Hardship Reconnection.
(1) Notwithstanding the provisions of Section
14(4) of this administrative regulation to the contrary, an electric or gas
utility shall reconnect service to a residential customer who has been
disconnected for nonpayment of bills pursuant to Section 15(1)(f) of this
administrative regulation prior to application for reconnection, and who
applies for reconnection during the months from November 1 through March 31 if
the customer or his agent:
(a) Presents a
certificate of need from the Cabinet for Health and Family Services (or its
designee), including a certification that a referral for weatherization
services has been made in accordance with subsection (3) of this
section;
(b) Pays one-third (1/3)
of his outstanding bill or $200, whichever is less; and
(c) Agrees to a repayment schedule that would
permit the customer to become current in the payment of his electric or gas
bill as soon as possible but no later than October 15.
1. If the customer applies for reconnection
and the customer has an outstanding bill in excess of $600 and agrees to a
repayment plan that would pay current charges and makes a good faith reduction
in the outstanding bill consistent with his ability to pay, then the plan shall
be accepted.
2. In addition to
payment of current charges, repayment schedules shall provide an option to the
customer to select either one (1) payment of arrearages per month or more than
one (1) payment of arrearages per month.
(d) A utility shall not require a new deposit
from a customer whose service is reconnected due to paragraphs (a), (b), or (c)
of this subsection.
(2)
Certificate of need for reconnection. A customer who is eligible for energy
assistance under the Cabinet for Health and Family Services' guidelines or is
certified as being in genuine financial need, which is defined as a household
with gross income at or below 130 percent of the poverty level, may obtain a
certificate of need from the cabinet (or its designee) to be used in obtaining
a service reconnection from the utility.
(3) Weatherization program. Customers
obtaining a certificate of need pursuant to this administrative regulation
shall agree to accept referral to and utilize weatherization services
administered by the Cabinet for Health and Family Services. The provision and
acceptance of weatherization services shall be contingent on the availability
of funds and other program guidelines. Weatherization services include, for
example, weather stripping, insulation, and caulking. A customer current with
his or her payment plan pursuant to subsection 1(c) of this section shall not
be disconnected.
Section
17. Meter Testing.
(1) All
electric, gas, and water utilities furnishing metered service shall provide
meter standards and test facilities, as more specifically established in
807 KAR 5:022,
807 KAR 5:041, and
807 KAR 5:066. Before being
installed for use by a customer, an electric, gas, and water meter shall be
tested and in good working order and shall be adjusted as close to the optimum
operating tolerance as possible, as more specifically established in
807 KAR 5:022,
Section 8(3)(a), 5:041, Section 17(1)(a)-(c), and 5:066, Section
15(2)(a)-(b).
(2) A utility may
have all or part of its testing of meters performed by another utility or
agency approved by the commission for that purpose. Each utility having tests
made by another agency or utility shall notify the commission of those
arrangements in detail to include make, type, and serial number of standards
used to make the tests.
(3) A
utility shall not place in service a basic measurement standard required by 807
KAR Chapter 5 unless the calibration has been approved by the commission. All
utilities or agencies making tests or checks for utility purposes shall notify
the commission promptly of the adoption or deletion of a basic standard
requiring commission approval of the calibration.
(4) An electric, gas, and water utility or
agency doing meter testing for a utility shall have in its employ meter testers
certified by the commission. These certified meter testers shall perform tests
as necessary to determine the accuracy of the utility's meters and to adjust
the utility's meters to the degree of accuracy required by 807 KAR Chapter
5.
(5) A utility or agency desiring
to have an employee certified as meter tester shall submit the name of each
applicant on an "Application for Appointment of Meter Tester." The applicant
shall pass a written test administered by commission staff and have his
competency in the testing of meters verified by commission staff, at which time
the applicant shall be certified as a meter tester and furnished with a card
authorizing him to perform meter tests.
(6) A utility or agency may employ
apprentices in training for certification as meter testers.
(a) The apprentice period shall be a minimum
of six (6) months, after which the meter tester apprentice shall comply with
subsection (5) of this section.
(b)
All tests performed during this period by an apprentice shall be witnessed by a
certified meter tester.
Section 18. Meter Test Records.
(1)
(a) A
complete record of all meter tests and adjustments and data sufficient to allow
checking of test calculations shall be recorded by the meter tester. The record
shall include:
1. Information to identify the
unit and its location;
2. Date of
tests;
3. Reason for the
tests;
4. Readings before and after
test;
5. Statement of "as found"
and "as left" accuracies sufficiently complete to permit checking of
calculations employed;
6. Notations
showing that all required checks have been made;
7. Statement of repairs made, if
any;
8. Identifying number of the
meter;
9. Type and capacity of the
meter; and
10. The meter
constant.
(b) The
complete record of tests of each meter shall be continuous for at least two (2)
periodic test periods and shall in no case be less than two (2)
years.
(2) Historical
records.
(a) A utility shall keep numerically
arranged and properly classified records for each meter that it owns, uses, and
inventories.
(b) These records
shall include:
1. Identification
number;
2. Date of
purchase;
3. Name of
manufacturer;
4. Serial
number;
5. Type;
6. Rating; and
7. Name and address of each customer on whose
premises the meter has been in service with date of installation and
removal.
(c) These
records shall also contain condensed information concerning all tests and
adjustments including dates and general results of the adjustments. The records
shall reflect the date of the last test and indicate the proper date for the
next periodic test required by the applicable commission administrative
regulation in 807 KAR Chapter 5.
(3) Sealing of meters. Upon completion of
adjustment and test of a meter pursuant to 807 KAR Chapter 5, a utility shall
affix to the meter a suitable seal in a manner that adjustments or registration
of the meter cannot be altered without breaking the seal.
(4) A utility may store the meter test and
historical data described or required in subsections (1) and (2) of this
section in a computer storage and retrieval system upon notification to the
commission. If a utility elects to use a computer storage and retrieval system,
a back-up copy of the identical information shall be retained.
Section 19. Request Tests.
(1) A utility shall make a test of a meter
upon written request of a customer if the request is not made more frequently
than once each twelve (12) months.
(a) The
customer shall be given the opportunity to be present at the requested
test.
(b) If the tests show the
as-found meter accuracy is within the limits allowed by
807 KAR 5:022,
Section 8(3)(a)1., 5:022, Section 8(3)(b)1., 5:041, Section 17(1), or 5:066,
Section 15(4), the utility may make a reasonable charge for the test.
(c) The commission-approved amount of the
charge shall be established in the utility's filed tariff.
(d) The utility shall maintain a meter
removed from service for testing, in a secure location under the utility's
control, for a period of six (6) months from the date the customer is notified
of the finding of the investigation and the time frame the meter will be
secured by the utility or if the customer has filed a formal complaint pursuant
to
KRS
278.260, the meter shall be maintained until
the proceeding is resolved, or the meter is picked up for testing by personnel
from the commission's Meter Standards Laboratory.
(2) After having first obtained a test from
the utility, a customer of the utility may request a meter test by the
commission upon written application.
(a) The
request shall not be made more frequently on one (1) meter than once each
twelve (12) months.
(b) Upon
request, personnel from the commission's Meter Standards Laboratory shall pick
up the meter from the utility and maintain the meter for a minimum of six (6)
months from the date the customer is notified of the finding of the
investigation and the time frame the meter will be secured by the commission's
Meter Standards Laboratory or if the customer has filed a formal complaint
pursuant to
KRS
278.260, the meter shall be maintained until
the proceeding is resolved.
Section 20. Access to Property. The utility
shall at all reasonable hours have access to meters, service connections, and
other property owned by it and located on customer's premises for purposes of
installation, maintenance, meter reading, operation, replacement, or removal of
its property. An employee of the utility whose duties require him to enter the
customer's premises shall wear a distinguishing uniform or other insignia,
identifying him as an employee of the utility, and show a badge or other
identification that shall identify him as an employee of the utility.
Section 21. Pole Identification.
(1) Each utility owning poles or other
structures supporting its wires shall mark every pole or structure located
within a built-up community with the initials or other distinguishing mark by
which the owner of every structure can be readily determined.
(2) Identification marks may be of any type
but shall be of a permanent material and shall be easily read from the ground
at a distance of six (6) feet from the structure.
(3) If a utility's structures are located
outside of a built-up community, at least every tenth structure shall be marked
as established in subsection (2) of this section.
(4) All junction structures shall bear the
identification mark and structure number of the owner.
(5) Poles need not be marked if they are
clearly and unmistakably identifiable as the property of the utility.
(6) A utility shall either number its
structures and maintain a numbering system or use some other method of
identification so that each structure in the system can be easily
identified.
Section 22.
Cable Television Pole Attachments and Conduit Use.
(1) Each utility owning poles or other
facilities supporting its wires shall permit cable television system operators
who have all necessary licenses and permits to attach cables to poles and to
use facilities, as customers, for transmission of signals to their
patrons.
(2) The tariffs of the
utility shall establish the rates, terms, and conditions under which the
utility's facilities may be used.
(3) With respect to a complaint before the
commission in an individual matter concerning cable television pole
attachments, final action shall be taken on the matter within a reasonable
time, but no later than 360 days after filing of the complaint.
Section 23. System Maps and
Records.
(1) Each utility shall have on file
at its principal office located within the state and shall file upon request
with the commission a map or maps of suitable scale of the general territory it
serves or holds itself ready to serve. The map or maps should be available
preferably in electronic format as a PDF file or as a digital geographic
database. The following data shall be available on the map or maps:
(a) Operating districts;
(b) Rate districts;
(c) Communities served;
(d) Location and size of transmission lines,
distribution lines and service connections;
(e) Location and layout of all principal
items of plant; and
(f) Date of
construction of all items of plant by year and month.
(2) In each division or district office there
shall be available information relative to the utility's system that will
enable the local representative to furnish necessary information regarding the
rendering of service to existing and prospective customers.
(3) In lieu of showing the above construction
information in (1)(f) on maps, a card record or suitable digital data may be
used.
(a) The construction data about a plant
feature, such as a pipeline, may be stored in a table and linked to the
geographic plant feature by a unique identifier that is present in both the
table and the geographic database.
(b) For all prospective construction the
records shall also show the date of construction by month and year.
Section 24. Location of
Records. All records required by 807 KAR Chapter 5 shall be kept in the office
of the utility and shall be made available to representatives, agents, or staff
of the commission upon reasonable notice at all reasonable hours.
Section 25. Safety Program. Each utility
shall adopt and execute a safety program, appropriate to the size and type of
its operations. At a minimum, the safety program shall:
(1) Establish a safety manual with written
guidelines for safe working practices and procedures to be followed by utility
employees;
(2) Instruct employees
in safe methods of performing their work. For electric utilities, this is to
include the standards established in
807 KAR 5:041, Section
3; and
(3) Instruct employees who,
in the course of their work, are subject to the hazard of electrical shock,
asphyxiation, or drowning, in accepted methods of artificial
respiration.
Section 26.
Inspection of Systems.
(1) A utility shall
adopt inspection procedures to assure safe and adequate operation of the
utility's facilities and compliance with KRS Chapter 278 and 807 KAR Chapter 5
and shall file these procedures with the commission for review.
(2) Upon receipt of a report of a potentially
hazardous condition at a utility facility, the utility shall inspect all
portions of the system that are the subject of the report.
(3) Appropriate records shall be kept by a
utility to identify the inspection made, the date and time of inspection, the
person conducting the inspection, deficiencies found, and action taken to
correct the deficiencies.
(4)
Electric utility inspection. An electric utility shall make systematic
inspections of its system in the manner established in this subsection to
insure that the commission's safety requirements are being met. These
inspections shall be made as often as necessary but not less frequently than
established in this subsection for various classes of facilities and types of
inspection.
(a) As a part of operating
procedure, each utility shall continuously monitor and inspect all production
facilities regularly operated and manned.
(b) At intervals not to exceed six (6)
months, the utility shall inspect:
1. Unmanned
production facilities, including peaking units not on standby status, and all
monitoring devices, for evidence of abnormality;
2. Transmission switching stations if the
primary voltage is sixty-nine (69) KV or greater, for damage to or
deterioration of components including structures, fences, gauges, and
monitoring devices;
3. Underground
network transformers and network protectors in vaults located in buildings or
under sidewalks, for leaks, condition of case, connections, temperature, and
overloading; and
4. Electric lines
operating at sixty-nine (69) KV or greater, including insulators, conductors,
and supporting facilities, for damage, deterioration and vegetation management
consistent with the utility's vegetation management practices.
(c) In addition to the
requirements established in paragraph (b) of this subsection, all electric
lines operating at sixty-nine (69) KV or greater, including insulators,
conductors, and supporting facilities shall be inspected from the ground for
damage, deterioration, and vegetation management consistent with the utility's
vegetation management practices at intervals not to exceed:
1. Six (6) years for each electric line
supported by a wood pole or other wood support structure; or
2. Twelve (12) years for each electric line
supported by a pole or other support structure constructed of steel or other
nonwood material.
(d) At
intervals not to exceed one (1) year, the utility shall inspect:
1. Production facilities maintained on a
standby status. Except for remotely controlled facilities, all production
facilities shall also be thoroughly inspected; and
2. Distribution substations with primary
voltage of fifteen (15) to sixty-nine (69) KV.
(e) At intervals not to exceed two (2) years,
the utility shall inspect all electric facilities operating at voltages of less
than sixty-nine (69) KV, to the point of service including insulators,
conductors, meters, and supporting facilities from the ground for damage,
deterioration, and vegetation management consistent with the utility's
vegetation management practices.
(f) The utility shall inspect other
facilities as follows:
1. Utility buildings
shall be inspected for compliance with safety codes at least annually;
and
2. Construction equipment shall
be inspected for defects, wear, and operational hazards at least
quarterly.
(g) Aerial
inspections shall not be used as the basis for compliance with paragraphs (b)1.
through 3., support facilities provisions in (b)4., (d)1., and (f) of this
subsection.
(5) Gas
utility inspection. A gas utility shall make systematic inspections of its
system to insure that the commission's safety requirements are being met. These
inspections shall be made as often as necessary but not less frequently than is
prescribed or recommended by the Department of Transportation, 49 C.F.R. Part
192 Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety
Standards, for the various classes of facilities.
(a) The following maximum time intervals
shall be established for certain inspections provided for in 49 C.F.R. Part 192
Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety
Standards, with respect to which intervals are not specified, and for certain
additional inspections not provided for in the code.
1. At intervals not to exceed every fifteen
(15) months but at least once each calendar year, the utility shall inspect and
visually examine:
a. Production wells, storage
wells, and well equipment, including their exterior components;
b. Pressure limiting stations, relief
devices, pressure regulating stations, and vaults; and
c. Accessibility of the curb box and valve on
a service line.
2. At
intervals not to exceed three (3) years, gas meters shall be manually inspected
and visually examined for proper working condition.
3. The utility shall inspect other facilities
as follows:
a. Utility buildings shall be
inspected for compliance with safety codes at least annually; and
b. Construction equipment under the control
of the utility shall be inspected for defects, wear, and operational hazards at
least quarterly.
(b) At intervals not to exceed the periodic
meter test intervals, individual residential customer service regulators,
vents, and relief valve vents shall be checked for operable
condition.
(c) At intervals not to
exceed the periodic meter test intervals, the curb box and valve on the service
line shall be inspected for operable condition.
(d) Aerial inspections shall not be used as
the basis for compliance with paragraphs (a) through (c) of this
subsection.
(6) Water
utility inspections. Each water utility shall make systematic inspections of
its system as established in paragraphs (a) through (c) of this subsection to
insure that the commission's safety requirements are being met. These
inspections shall be made as often as necessary but not less frequently than as
established in paragraphs (a) through (c) of this subsection for various
classes of facilities and types of inspection.
(a) The utility shall annually inspect all
structures pertaining to source of supply for their safety and physical and
structural integrity, including dams, intakes, and traveling screens. The
utility shall semiannually inspect supply wells, their motors and structures,
including electric power wiring and controls for proper and safe
operation;
(b) The utility shall
annually inspect all structures pertaining to purification for their safety,
physical and structural integrity, and for leaks, including sedimentation
basins, filters, and clear wells; chemical feed equipment; pumping equipment
and water storage facilities, including electric power wiring and controls; and
hydrants, mains, meters, meter settings and valves; and
(c) The utility shall monthly inspect
construction equipment and vehicles for defects, wear, operational hazards,
lubrication, and safety features.
(7) Telephone utility inspection. Each
telephone utility shall make systematic inspections of its system as
established in paragraphs (a) through (f) of this subsection to insure that the
commission's safety requirements are being met. The inspections shall be made
as often as necessary but not less frequently than as established in paragraphs
(a) through (f) of this subsection for various classes of facilities and types
of inspection.
(a) The utility shall inspect
aerial plant for electrical hazards, proper clearance for electric clearances
of facilities, vegetation management consistent with the utility's vegetation
management practices, and climbing safety every two (2) years;
(b) The utility shall inspect underground
plant for presence of gas, proper clearance from electric facilities, and safe
working conditions at least annually;
(c) The utility shall inspect
utility-provided station equipment and connections for external electrical
hazards, damaged instruments or wiring, and appropriate protection from
lightning and safe location of equipment and wiring when on a customer's
premises;
(d) The utility shall
inspect utility buildings for compliance with safety codes at least
annually;
(e) The utility shall
inspect construction equipment for defects, wear, and operational hazards at
least quarterly; and
(f) Aerial
inspections shall not be used as the basis for compliance with this
subsection.
(8) Sewage
utility inspection. Each sewage utility shall make systematic inspections of
its system in the manner established in
807 KAR 5:071 to ensure
that the commission's safety requirements are being met. The inspections shall
be made as often as necessary but not less frequently than established in
807 KAR 5:071.
Section 27. Reporting of
Accidents, Property Damage, or Loss of Service.
(1) Within two (2) hours following discovery
each utility, other than a natural gas utility, shall notify the commission by
telephone or electronic mail of a utility related accident that results in:
(a) Death or shock or burn requiring medical
treatment at a hospital or similar medical facility, or any accident requiring
inpatient overnight hospitalization;
(b) Actual or potential property damage of
$25,000 or more; or
(c) Loss of
service for four (4) or more hours to ten (10) percent or 500 or more of the
utility's customers, whichever is less.
(2) A summary written report shall be
submitted by the utility to the commission within seven (7) calendar days of
the utility related accident. For good cause shown, the executive director of
the commission, shall, upon application in writing, allow a reasonable
extension of time for submission of this report.
(3) Natural gas utilities shall report
utility related accidents in accordance with the provisions of
807
KAR 5:027.
Section 28. Deviations from Administrative
Regulation. In special cases, for good cause shown, the commission shall permit
deviations from this administrative regulation.
Section 29. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) Annual Financial and
Statistical Reports:
1. "FERC Form 1 - Annual
Report of Major Electric Utilities, Licensees and Others", March
2007;
2. "Annual Reporting Form for
Rural Electric Cooperative Corporations", July 2012;
3. "FERC Form 2 - Annual Report of Major
Natural Gas Companies", December 2007;
4. "Annual Reporting Form for Class C and D
Gas Utilities", August 2005;
5.
"Annual Reporting Form for Local Exchange Carriers", August 2005;
6. "Annual Reporting Form for Local Exchange
Carriers - Kentucky Operations Only", August 2004;
7. "Annual Reporting Form for Water Company -
Class A & B", July 2012;
8.
"Annual Reporting Form for Water Company - Class C", July 2012;
9. "Annual Reporting Form for Water
Districts/Water Associations - Class A & B", July 2012;
10. "Annual Reporting Form for Water
Districts/Water Associations - Class C", July 2012; and
11. "Annual Reporting Form for Sewer
Utilities", September 2005;
(b) Quarterly Meter Reports:
1. "Quarterly Meter Report-Electric", August
2011;
2. "Quarterly Meter
Report-Water", July 2012; and
3.
"Quarterly Meter Report-Gas", July 2007;
(c) Non-payment Disconnection/Reconnection
Reports:
1. "Water Utility-Non-Payment
Disconnection/Reconnection Report", February 2012;
2. "Electric Utility-Non-Payment
Disconnection/Reconnection Report", September 2000; and
3. "Gas Utility Non-Payment
Disconnection/Reconnection Report" September 2000;
(d) "Application for Appointment of Meter
Testers", August 2012; and
(e)
Gross Annual Operating Revenue Reports:
1.
"Report of Gross Operating Revenues Derived from Intra-Kentucky Business",
December 2010;
2. "Report of Gross
Operating Revenues Derived from Intra-Kentucky Business Electric Utilities",
October 2012;
3. "Report of Gross
Operating Revenues Derived from Intra-Kentucky Business Long Distance Carriers
and Operator Services", September 2010;
4. "Report of Gross Operating Revenues
Derived from Intra-Kentucky Business Paging and Cellular", September 2010;
and
5. "Report of Gross Operating
Revenues Derived from Intra-Kentucky Business Local Exchange Carriers and
Competitive Local Exchange Carriers", September 2010.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law at the
commission's offices at 211 Sower Boulevard, Frankfort, Kentucky 40601, Monday
through Friday, 8:00 a.m. to 4:30 p.m. This material may also be obtained at
the commission's Web site at
http://psc.ky.gov.
8 Ky.R. 791; 961;
1137; eff. 4-7-1982; 9 Ky.R. 217; 473; eff. 8-25-1982; 11 Ky.R. 790; 1048; eff.
1-7-1985; 12 Ky.R. 967; 1343; 1510; eff. 2-4-1986; 18 Ky.R. 1953; 2554; eff.
2-26-1992; TAm eff. 8-9-2007; 295; 1015; 1136; eff. 1-4-2013; TAm 1-30-2013;
Crt eff. 3-27-2019.
STATUTORY AUTHORITY:
KRS
278.230,
278.280(2),
49 C.F.R. 192