City of Cold Spring v. Campbell County Water Dist.

Judge MOREMEN with whom Chief Justice MONTGOMERY joins,

dissenting.

KRS 278.040 states: “The jurisdiction of the commission (Public Service Commission) shall extend to all utilities in this state.”

KRS 278.010(3) reads: “'Utility’ means any person, except a water district organized under Chapter 74 or a city, who owns, controls, operates or manages any facility used * *

The above statutes suggest strongly that neither cities nor water districts were under the jurisdiction of the commission, the rationale being that the citizens and voters of a city, or a water district, would have sufficient…