Public Service Commission v. Commonwealth

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 stimulating Kentucky’s economy. In recent years, EDRs have been implemented by a utility company negotiating a contract with a…