Kentucky Industrial Utility Customers, Inc. v. Kentucky Utilities Co.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed in part and reversed in part a judgment of the Franklin Circuit Court which had found that KRS 278.183 is constitutional, but that it had been applied retroactively in violation of KRS 446.080(3) by the Public Service Commission. That part of the PSC order which allowed Kentucky Utilities to recover an environmental surcharge which included environmental costs incurred before January 1, 1993 was vacated and remanded to the PSC for further determination. This case is one of first impression involving…