KIUC Granted Full Intervention Rights in LG&E/KU Merger Case
Summary
The Kentucky Public Service Commission granted Kentucky Industrial Utility Customers, Inc. (KIUC) full party status in Case No. 2026-00077, an LG&E/KU merger approval proceeding. KIUC demonstrated special interest as a representative of major industrial customers served by the utilities, including Ford, Toyota, Corning, and Dow. The Commission ordered KIUC to be served with all orders, testimony, exhibits, and pleadings, and directed KIUC to file a certification statement within seven days.
What changed
The Commission granted KIUC's motion to intervene, recognizing KIUC's demonstrated special interest as representative of industrial customers served by LG&E/KU. KIUC is now entitled to full party rights including service of all Commission orders, testimony, exhibits, pleadings, and other documents filed in the case.\n\nIndustrial energy consumers represented by KIUC members should monitor this proceeding as intervenor participation may influence merger approval conditions affecting utility rates and service terms.
What to do next
- Monitor proceedings in Case No. 2026-00077
- File written certification statement within seven days per 807 KAR 5:001, Section 8(9)
Archived snapshot
Apr 14, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of:
O R D E R This matter arises upon the motion of the Kentucky Industrial Utility Customers, Inc (KIUC), filed April 1, 2026, for full intervention. As a basis for its motion, KIUC stated that that it had a special interest due to the fact that several members of KIUC are served by Louisville Gas & Electric Company (LG&E) and Kentucky Utilities Company (KU) (jointly, LG&E/KU), including AAK, USA K2, LLC, Alliance Coal, LLC, Carbide Industries LLC, Corning Incorporated, Dow Silicones Corporation, Ford Motor Company, JBSSA USA Swift, North American Stainless, and Toyota Motor Manufacturing, Kentucky, Inc. 1 KIUC also stated that it would present issues and develop facts that will assist the Commission in fully considering the matter without unduly complicating or disrupting the proceedings. 2 LEGAL STANDARD The Attorney General of the Commonwealth of Kentucky, by and through the Office of Rate Intervention (Attorney General), has the statutory right to intervene in
KIUC's Motion to Intervene (filed Apr. 1, 2026) at 2. 1
2ELECTRONIC JOINT APPLICATION OF )
KENTUCKY UTILITIES COMPANY AND ) CASE NO. LOUISVILLE GAS AND ELECTRIC COMPANY ) 2026-00077 FOR APPROVAL OF MERGER )
Commission cases pursuant to KRS 367.150(8)(b). The Attorney General was granted intervention March 30, 2026. With limited exception, intervention by all others is 3 permissive and within the sole discretion of the Commission. 4 The regulatory standard for permissive intervention, set forth in 807 KAR 5:001, Section 4, is twofold. Commission regulation 807 KAR 5:001, Section 4(11), requires a person to set forth in the motion to intervene either (1) a special interest in the proceeding that is not otherwise adequately represented in the case, or (2) that intervention is likely to present issues or develop facts that will assist the Commission in fully considering the matter without unduly complicating or disrupting the proceedings. DISCUSSION AND FINDINGS Based on a review of the pleadings at issue and being otherwise sufficiently advised, the Commission finds that KIUC has demonstrated that it has a special interest in the proceeding over which the Commission has jurisdiction that is not otherwise adequately represented and that KIUC is likely to present issues or develop facts that will assist the Commission in considering this matter without unduly complicating or disrupting the proceedings for the reasons discussed below. KIUC asserted that it would present issues and develop facts that will assist the Commission in fully considering the matter without unduly complicating or disrupting the proceedings. KIUC stated that it has participated in ratemaking matters before this 5 Commission since 1978 and it will be a helpful and active participant should its
Order (Ky. PSC Mar. 30, 2026). 3 KRS 164.2807. 4
-2- Case No. 2026-00077
intervention request be granted. KIUC also presented that it has a IUC has a special 6 interest in this case as several member(s) of KIUC are served by LG&E/KU. 7 Based on the above, the Commission finds that KIUC should be granted full rights of a party in this proceeding. The Commission directs KIUC to the Commission's July 22, 2021 Order in Case No. 2020-00085 regarding filings with the Commission. 8 IT IS HEREBY ORDERED that:
- KIUC's motion to intervene is granted.
- KIUC is entitled to the full rights of a party and shall be served with the
Commission's Orders and with filed testimony, exhibits, pleadings, correspondence, and
all other documents submitted by parties after the date of this Order.
KIUC shall comply with all provisions of the Commission's regulations, 807
KAR 5:001, Section 8, related to the service and electronic filing of documents.Pursuant to 807 KAR 5:001, Section 8(9), within seven days of service of
this Order, KIUC shall file a written statement with the Commission that:Certifies that it, or its agent, possesses the facilities to receive
electronic transmissions; andSets forth the electronic mail address to which all electronic notices
and messages related to this proceeding shall be served.
KIUC's Motion to Intervene at 3. 6
Case No. 2020-00085, Electronic Emergency Docket Related to the Novel Coronavirus COVID-8
19 (Ky. PSC July 22, 2021), Order (in which the Commission ordered that for case filings made on and after
March 16, 2020, filers are NOT required to file the original physical copies of the filings required by 807 KAR 5:001, Section 8).
-3- Case No. 2026-00077
Entered on this 13th day of April, 2026. PUBLIC SERVICE COMMISSION
___________________________ Angie Hatton Chairman
___________________________ Mary Pat Regan Commissioner
___________________________ Andrew W. Wood Commissioner
ATTEST:
______________________ Linda C. Bridwell, PE Executive Director
Case No. 2026-00077
Service List for 2026-00077
- Angela M Goad Assistant Attorney General Office of the Attorney General Office of Rate Intervention 700 Capitol Avenue Suite 20 Frankfort, KY 40601-8204
- Honorable Allyson K Sturgeon Vice President and Deputy General Counsel-Regulatory and PPL LG&E and KU Energy LLC 220 West Main Street Louisville, KY 40202
- Honorable W. Duncan Crosby III Attorney at Law Stoll Keenon Ogden, PLLC 2000 PNC Plaza 500 W Jefferson Street Louisville, KY 40202-2828
- Jody Kyler Cohn Boehm, Kurtz & Lowry 425 Walnut Street Suite 2400 Cincinnati, OH 45202
John Horne
Office of the Attorney General Office of Rate Intervention 700 Capitol Avenue Suite 20 Frankfort, KY 40601-8204Honorable Lindsey W Ingram, III Attorney at Law STOLL KEENON OGDEN PLLC 300 West Vine Street Suite 2100 Lexington, KY 40507-1801
Lawrence W Cook Assistant Attorney General Office of the Attorney General Office of Rate Intervention 700 Capitol Avenue
Suite 20 Frankfort, KY 40601-8204Denotes served by Email
Michael West Office of the Attorney General Office of Rate Intervention 700 Capitol Avenue Suite 20 Frankfort, KY 40601-8204
Honorable Michael L Kurtz Attorney at Law Boehm, Kurtz & Lowry 425 Walnut Street Suite 2400 Cincinnati, OH 45202
Monica Braun STOLL KEENON OGDEN PLLC 300 West Vine Street Suite 2100 Lexington, KY 40507-1801
Rick E Lovekamp Manager - Regulatory Affairs
LG&E and KU Energy LLC 220 West Main Street Louisville, KY 40202Robert Conroy Vice President, State Regulation and Rates LG&E and KU Energy LLC 220 West Main Street Louisville, KY 40202
Kentucky Utilities Company 220 W. Main Street P. O. Box 32010 Louisville, KY 40232-2010
Louisville Gas and Electric Company 820 West Broadway Louisville, KY 40203
Louisville Gas and Electric Company 820 West Broadway Louisville, KY 40203
Sara Judd Senior Corporate Attorney LG&E and KU Energy LLC 220 West Main Street Louisville, KY 40202
Denotes served by Email Service List for Case 2026-00077
Toland Lacy Office of the Attorney General 700 Capital Avenue Frankfort, KY 40601
Denotes served by Email Service List for Case 2026-00077
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