Louisville Metro and LFUCG Granted Full Intervention in LG&E/KU Merger Proceeding
Summary
The Kentucky Public Service Commission granted full intervention rights to Louisville Metro Government and Lexington-Fayette Urban County Government in Case No. 2026-00077, involving the proposed merger of Kentucky Utilities Company and Louisville Gas and Electric Company. Both local governments are major customers, collectively paying over $10 million annually for electrical service and serving as the largest outdoor lighting classification customers for LG&E and KU respectively. The Commission found the movants demonstrated they would assist in developing a comprehensive record on merger-related issues including rate district separation, financial benefits, fuel adjustment clause reporting, and franchise effects.
About this source
The Kentucky Public Service Commission regulates investor-owned utilities and rural electric cooperatives in Kentucky: electricity, natural gas, water, wastewater, and select telephone services. Orders publish as the commission acts on rate cases, complaints, construction certificate applications, and tariff amendments. Around 125 orders a month. Kentucky is a traditionally regulated state (no retail choice), so the PSC's rate-case decisions directly set what customers pay for utility service. Watch this if you advise utility clients in Kentucky, follow Duke Energy Kentucky or Kentucky Power regulatory activity, intervene in rate cases, or track rural electric cooperative regulatory matters.
What changed
The Commission granted the joint motion to intervene filed by Louisville Metro and LFUCG, entitling both local governments to full party rights in the pending merger proceeding. The intervenors must comply with the Commission's electronic filing regulations under 807 KAR 5:001, Section 8, and adhere to the procedural schedule. The Commission specifically directed that each local government file separate copies of all documents and an individual agreement governing their joint participation.
Parties affected by this intervention order include LG&E/KU, the Attorney General's Office of Rate Intervention, and other existing parties to Case No. 2026-00077. The addition of these major municipal customers as full parties means all testimony, exhibits, and pleadings must now be served on Louisville Metro and LFUCG. While the order does not affect the substantive merits of the merger application, it expands the scope of parties with rights to participate in the proceeding.
What to do next
- Within seven days of service of this Order, Louisville Metro/LFUCG shall file a written statement certifying electronic transmission facilities and providing an electronic mail address
- Each of the Louisville Metro/LFUCG shall file a separate copy with the Commission of their individual agreement regarding joint participation within ten days
Archived snapshot
Apr 25, 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 Louisville/Jefferson County Metro Government (Louisville Metro) and Lexington-Fayette Urban County Government (LFUCG) (collectively, Joint Movants or Louisville Metro/LFUCG) filed on April 15, 2026, for full intervention. Joint Movants stated that they will present issues and develop facts that will assist the Commission in fully considering the matter without unduly complicating or disrupting the proceeding. In addition, Joint Movants further stated that existing parties to the 1
proceeding do not adequately represent Joint Movants' respective interests. 2 Joint Movants stated that Louisville Metro is a consolidated local government established under KRS Chapter 67C. The Joint Motion noted that LFUCG is an urban 3 county government established under KRS Chapter 67A. According to the motion, both 4 Louisville Metro and LFUCG pay over $10 million annually to Louisville Gas and Electric
Joint Motion to Intervene (Joint Motion) (filed Apr. 15, 2026) at 2-3. 1 Joint Motion at 2-4. 2 Joint Motion at 1. 3 Joint Motion at 1. 4ELECTRONIC JOINT APPLICATION OF )
KENTUCKY UTILITIES COMPANY AND ) CASE NO. LOUISVILLE GAS AND ELECTRIC COMPANY ) 2026-00077 FOR APPROVAL OF MERGER )
Company (LG&E) and Kentucky Utilities Company (KU) (collectively, LG&E/KU) for electrical service. The motion noted that Louisville Metro is the biggest customer of 5
LG&E's Outdoor Lighting classification and LFUCG is KU's largest Outdoor Lighting
classification customer. 6 Joint Movants stated that, if granted intervention, they intended to develop facts and address issues including the following: 1) how LG&E/KU will maintain separate rate districts if the merger is approved, 2) the proposed financial benefits and efficiencies of the merger, 3) the effect of unifying reporting for the fuel adjustment clause (FAC) and off-system sales (OSS) adjustment clause will have on rates and 4) the effect on franchises. The Joint Movants stated that they would participate jointly while not unduly 7 complicating the proceedings. 8 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 Commission cases pursuant to KRS 367.150(8)(b). The Attorney General has been granted intervention in this case. With limited exception, intervention by all others is 9 permissive and within the sole discretion of the Commission. 10
Joint Motion at 1. 5 Joint Motion at 2. 6 Joint Motion at 3-4. 7 Joint Motion at 3-4. 8 Order, Mar. 30, 2026. 9 KRS 164.2807. 10
-2- Case No. 2026-00077
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 Joint Movants have demonstrated that they are 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. The Commission notes that both movants are the largest cities in Kentucky with unique government structures serving large populations receiving electrical service from LG&E and KU, individually. As noted in the motion, the cities have participated in past cases to assist in developing a comprehensive record before the Commission. 11
Joint Motion at 3; citing Case No. 2025-00045, Electronic Application of Kentucky Utilities 11
Company and Louisville Gas and Electric Company For Certificates Of Public Convenience and Necessity and Site Compatibility Certificates (Ky. PSC Mar. 31, 2025), Order; Case No. 2025-00113, Electronic Application of Kentucky Utilities Company for an Adjustment of Its Electric Rates and Approval of Certain Regulatory And Accounting Treatments (Ky. PSC Jul. 2 , 2025), Order and Case No. 2025-00114, Electronic Application of Louisville Gas and Electric Company for An Adjustment of Its Electric And Gas Rates and Approval of Certain Regulatory and Accounting Treatments (Ky. PSC Jul. 2, 2025), Order.
-3- Case No. 2026-00077
The Commission finds that Joint Movants should be granted full rights of a party in this proceeding. The Commission directs Joint Movants to the Commission's July 22, 2021, Order in Case No. 2020-00085 regarding filings with the Commission. 12 Because Joint Movants' stated that they will speak as one party, the Commission finds that Louisville Metro and LFUCG should each file a separate copy of all documents related to their proposed joint participation in this matter. In addition, the Commission
would like those agreements to reflect the Joint Movants' plan should diverging interests
arise in this matter. IT IS HEREBY ORDERED that:
- Louisville Metro/LFUCG's motion to intervene is granted.
- Louisville Metro/LFUCG are 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.
- Louisville Metro/LFUCG 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.
Louisville Metro/LFUCG shall adhere to the procedural schedule set forth in
the Commission's April 10, 2026 Order and as amended by subsequent Orders.Pursuant to 807 KAR 5:001, Section 8(9), within seven days of service of
this Order, Louisville Metro/LFUCG shall file a written statement with the Commission that:
Case No. 2020-00085, Electronic Emergency Docket Related to the Novel Coronavirus COVID-1219 (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).
-4- Case No. 2026-00077
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.Each of the Louisville Metro/LFUCG shall file a separate copy with the
Commission of their individual agreement regarding their joint participation in this matter as set forth in this Order within ten days.
-5- Case No. 2026-00077
Entered on this 24th day of April, 2026. PUBLIC SERVICE COMMISSION ___________________________ Chair ___________________________ Commissioner ___________________________ Commissioner
ATTEST:
______________________ 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
- Honorable W. Duncan Crosby III Attorney at Law Stoll Keenon Ogden, PLLC 2000 PNC Plaza 500 W Jefferson Street Louisville, KY 40202-2828
- James W Gardner Sturgill, Turner, Barker & Moloney, PLLC 333 West Vine Street Suite 1400 Lexington, KY 40507
- 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 40601-8204JEB Pinney Sturgill, Turner, Barker & Moloney, PLLC 333 West Vine Street Suite 1400 Lexington, KY 40507
Denotes served by Email
Honorable 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 40601-8204
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
Robert Conroy Vice President, State Regulation and Rates
Rebecca C. Price Sturgill, Turner, Barker & Moloney 155 East Main Street Lexington, KY 40507
Denotes served by Email Service List for Case 2026-00077
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
Toland Lacy
Office of the Attorney General 700 Capital Avenue Frankfort, KY 40601Denotes served by Email Service List for Case 2026-00077
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