Kentucky Public Service Commission, et al v. Commonwealth of Kentucky

Client: Duke Energy Kentucky, Inc.
Close date: August 2011
Case citation: 324 S.W.3d 373 (Ky. 2010); Kentucky Public Service Commission, et al v. Commonwealth of Kentucky, 320 S.W.3d 660 (Ky. 2010)

Represented the client in the Kentucky Supreme Court in two appeals of challenges by the Kentucky Attorney General to orders of the Kentucky Public Service Commission relating to the clients’ tariffs for Economic Development Riders and Accelerated Main Replacement Rider.  In both cases, FBT successfully persuaded the Supreme Court to reverse Court of Appeals’ decision, and affirm the validity of the tariff provisions.  These are landmark cases that will establish the scope of the authority of the Kentucky Public Service Commission to authorize these kinds of riders to utilities’ tariffs.

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