Taylor RECC Complaint Dismissed, No Prima Facie Case Established

COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of:

O R D E R This issue arises from an initial complaint filed on December 29, 2025, and an amended complaint filed on March 25, 2026, in response to a March 4, 2026 Order finding that the initial complaint was insufficient, by Mr. Chad Alan Warner against Taylor County Rural Electric Cooperative Corporation (Taylor RECC). The Commission finds that a prima facia case has not been established concerning the complaint against Taylor RECC and should be dismissed for the reasons discussed below. LEGAL STANDARD Pursuant to KRS 278.260, the Commission has jurisdiction over complaints regarding rates or service. Commission regulation 807 KAR 5:001, Section 20(1)(c) 1 CHAD ALAN WARNER ) requires each complaint to state fully, clearly and with reasonable certainty, the act or ) ) COMPLAINANT )

1. ) CASE NO. ) 2025-00414 KRS 278.206. 1TAYLOR COUNTY RURAL ELECTRIC ) COOPERATIVE CORPORATION ) ) ) DEFENDANT

omission, of which failure to comply is alleged. Furthermore, 807 KAR 5:001, Section 2 20(4)(a), requires the Commission to examine the complaint to ascertain if the complaint establishes a prima facie case that the utility has violated a statute, regulation, tariff, or order for which the Commission may grant relief. A complaint establishes a prima facie 3 case when, on its face, it states sufficient allegations that, if uncontradicted by other evidence, would entitle the complainant to the requested relief. If a complaint fails to establish a prima facie case, it may be dismissed. BACKGROUND On December 29, 2025, Mr. Warner tendered a formal complaint with the Commission against Taylor RECC concerning service at 3000 Eastridge Cemetery Road, Casey Creek, Kentucky 42728. 4 On January 29, 2026, the Commission ordered that additional information was needed to assist the Commission in making a determination of whether the complaint established a prima facia case and submitted Commission Staff's First Request for

Information (Staff's First Request) to Taylor RECC. Taylor RECC responded to Staff's 5 First Request on February 12, 2026. 6 In its March 4, 2026 Order, the Commission found the complaint filed by Mr. Warner did not state fully, clearly and with reasonable certainty an act or omission by

807 KAR 5:001, Section 20(1)(c). 2 807 KAR 5:001, Section 20(4)(a). 3 Complaint (filed Dec. 29, 2025). 4 Order (Ky. PSC Jan. 29, 2026). 5 Taylor RECC's Response to Commission Staff's First Request for Information (Staff's First 6Request) (filed Feb. 12, 2026).

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Taylor RECC of which failure to comply is alleged. Nor did Mr. Warner assert a violation of a regulation, Commission Order, tariff or statute by Taylor RECC. The Commission 7 further found that Mr. Warner should be afforded the opportunity to amend his complaint within 20 days of the date of service of the Order in accordance with 807 KAR 5:001, Section 20(4)(a)(1), and file with the Commission by U.S. Postal Service mail or by email. 8 On March 25, 2026, Mr. Warner filed an amended complaint according to the

Commission's Order, reiterating his previous complaint concerning his electrical service

at the aforementioned service address. 9 DISCUSSIONS AND FINDINGS Having reviewed the record and being otherwise sufficiently advised, the Commission finds that the complaint fails to establish a prima facie case. Although the Commission has jurisdiction over complaints, it must determine if a utility has violated a statute, regulation, tariff, or order for which the Commission may grant relief. Even viewing the facts alleged in the most favorable light to the complainant, Mr. Warner failed to provide why he is specifically alleging discrepancies in billing at 3000 Eastridge Cemetery Road, Casey Creek, Kentucky 42728. Mr. Warner failed to provide any information that he requested the electric service be disconnected pursuant to Taylor

RECC's Tariff Sheet No. 6 around November of 2019, the period he claimed he left the 10 property in question. In addition, Mr. Warner provided no basis for Taylor RECC to 11

Order (Ky. PSC Mar. 4, 2026) at 2. 7 Order (Ky. PSC Mar. 4, 2026) at 2. 8 Chad Warner Amended Complaint (filed Mar. 25, 2026). 9 P.S.C. Ky. No. 5, Sheet No. 6 (issued May 2, 2024), effective Apr. 5, 2024. 10 Chad Warner Amended Complaint at 1. 11

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adjust its billing, and the Commission does not have the ability to, on its own motion, forgive a debt. In contrast, Taylor RECC provided information that Mr. Warner's account remained active and was disconnected on March 17, 2021, even though Taylor RECC had not 12 received a payment since October 2019. A partial amount of this lag was due to the 13 Covid-19 moratorium on disconnections. Mr. Warner's account was written off on 14 November 4, 2021, as an uncollectable account, leaving a balance of $1795.43. As a 15 member-owned cooperative that is exempt from federal income tax, a write-off of an uncollectible account does not discharge the account holder's indebtedness, it simply

creates an expense on the utility's financials. This expense must be covered through the

revenues received from other members or from a reduction in other budgeted utility expenses. In addition, information was provided that Taylor RECC reconnected pole service for Charlene Warner at the address in question on June 25, 2025, to power electric fencing and a possible grain bin. However, service to the house is barred due to 16

outstanding indebtedness according to Taylor RECC's Tariff Sheet No. 7. 17

Taylor RECC's Response to Staff's First Request, Item 1, Attachment 1-1(a), at 8. 12 Taylor RECC's Response to Staff's First Request, Item 1, Attachment 1-1(a), at 7. 13 Case No.2020-00085, Electronic Emergency Docket Related to the Novel Coronavirus COVID-1419, (Ky. PSC Mar. 16, 2020), ordering paragraph 1. Taylor RECC's Response to Staff's First Request, Item 3, Attachment 1-3(a), at 28. 15 Taylor RECC's Response to Staff's First Request, Item 2, Attachment 1-2(a), at 20. 16 P.S.C. Ky. No. 5, Sheet No. 7, effective Oct. 28, 1992. 17

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Pursuant to the foregoing, the Commission finds that the complaint fails to establish a prima facie case. Neither the information on record, nor Mr. Warner's revised complaint has presented the Commission with prima facie evidence that Taylor RECC has violated a regulation, Commission Order, tariff or statute. Accordingly, the complaint should be dismissed without prejudice and the case should be closed as a hearing is not in the public interest or necessary for the protection of substantial rights. IT IS THEREFORE ORDERED that:

1. This proceeding is dismissed, pursuant to KRS 278.260(2), for failure to
   establish a prima facie case.

2. A copy of this Order shall be served on Mr. Chad Alan Warner, by U.S.
   Postal Service, Certified Mail, Return Receipt Requested, and First-Class Mail at 6721 Speck Ridge, Elkhorn, Kentucky 42733.

3. This matter shall be removed from the Commission's docket.
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Entered on this 21st day of April, 2026. PUBLIC SERVICE COMMISSION ___________________________ Angie Hatton Chair ___________________________ Mary Pat Regan Commissioner ___________________________ Andrew W. Wood Commissioner

ATTEST:

______________________ Linda C. Bridwell, PE Executive Director

Case No. 2025-00414

Service List for 2025-00414

• Taylor County R.E.C.C. 625 West Main Street P. O. Box 100 Campbellsville, KY 42719
• Denotes served by Email