Kentucky Industrial Utility Customers, Inc. v. Kentucky Public Service Commission

OPINION

JONES, JUDGE:

The Appellant, Kentucky Industrial Utility Customers, Inc., brings this appeal to challenge the Kentucky Public Service Commission’s approval of Kentucky Power Company’s application to recover from its customers an estimated $1.26 billion in costs associated with purchasing biomass energy from ecoPower Generation-Hazard LLC, over a twenty-year contract period. Having carefully reviewed the record and applicable legal authority, we cannot agree with the Franklin Circuit Court’s opinion upholding the Kentucky Public Service Commission’s decision.

While the General Assembly…