Kentucky 2023 Regular Session

Kentucky Senate Bill SB192

Introduced
2/21/23  
Refer
2/21/23  
Refer
2/23/23  
Report Pass
3/1/23  
Engrossed
3/8/23  
Refer
3/8/23  
Refer
3/10/23  
Report Pass
3/15/23  
Enrolled
3/16/23  
Enrolled
3/16/23  
Chaptered
3/23/23  

Caption

AN ACT relating to investor-owned electric utilities.

Impact

The enactment of SB192 significantly alters the regulatory landscape for electric utilities, allowing them to pass on certain costs associated with retired generation to consumers through a financing order. This provision is poised to create a more predictable revenue stream for utilities while concurrently providing a mechanism to reduce the financial burden on the utilities themselves. Nonetheless, the bill also imposes scrutiny on how surcharges will be established and adjusted, mandating a formula-based true-up mechanism to reconcile any discrepancies in collections.

Summary

Senate Bill 192 seeks to establish a framework for the issuance of securitized bonds by investor-owned electric utilities in Kentucky. The bill introduces new definitions and procedures under a new section in KRS Chapter 278, aiming to authorize utilities to finance deferred costs related to retired generating facilities. By enabling the creation of securitized property, the legislation facilitates a structured process for utilities to recover costs through nonbypassable surcharges on customer bills, ensuring that both existing and future customers contribute to the repayment of these bonds, regardless of their choice of electricity supplier.

Sentiment

The sentiment surrounding SB192 appears to be mixed among stakeholders. Supporters argue that the bill will enhance the financial sustainability of electric utilities, facilitate smoother transitions during regulatory changes, and provide a mechanism for investment in necessary infrastructure. Critics, however, express concerns about the implications of passing costs onto consumers, especially in terms of how it could perpetuate financial liabilities without sufficient oversight. The ability of utilities to impose nonbypassable charges raises questions about consumer protection and fair pricing.

Contention

Notable points of contention revolve around the implications of securitization on consumer costs and regulatory authority. Opponents of the bill worry about the potential for excessive surcharges leading to increased utility bills for consumers. Additionally, the degree of regulatory oversight suggested within the bill may not fully suffice to protect consumers or ensure the transparent management of funds raised through securitized bonds. The issue of balancing utility solvency against consumer interests forms a central debate within discussions of SB192.

Companion Bills

No companion bills found.

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