Monica Hlinka

GOP leader Stivers moves to remake Kentucky Public Service Commission • Kentucky Lantern FRANKFORT — A powerful commission overseeing the regulation and rates of Kentucky utilities would be expanded — and sitting members potentially removed — under a bill sponsored by the leader of the GO...

24/ Also, shout out to the @kentuckylantern.com for first reporting on the bill and bringing it to my attention!

23/ As of yesterday, SB 8 was read for the first time and sent to the Senate Committee on Natural Resources and Energy.

Now, we can only wait and see how this plays out.

And that concludes this inaugural Thread Talk on this fine Friday afternoon.

✨the more you know✨

22/ So, that would come out to 20 Senators and 51 Representatives.

Currently, the GOP has 31 members in the Senate and 80 in the House, well above the override threshold.

21/ And that's because Republicans currently have a supermajority in both chambers of the state legislature.

Kentucky is one of a few states in which a simple majority in both chambers is all that is needed to override a veto.

20/ Anyway, if this bill advances through the legislature and eventually lands on Gov. Beshear's desk, the bill will most likely be enacted.

But Monica, can't Gov. Beshear just veto the bill? Well, yes, but it wouldn't really mean much.

19/ What does this mean?

Well, I’m not an administrative lawyer (so take this with a grain of salt and please correct me if I’m wrong), but it seems that unless the Legislature has passed a bill on a certain issue, the PSC can’t implement its own rules/regulations on the issue.

18/ Now, let's get into the juicy stuff. SB 8 likes to use the word "administrative" a lot.

Like here, it adds "administrative" in the context of the types of regulations the PSC could adopt. Or where it says the PSC is responsible for enforcing promulgated rules and administrative regulations.

17/ Additionally, commissioners would remain serving for four years, with the exception of the 2 initial auditor appointees.

Also, the vacancy process would remain the same.

16/ So, what would stay the same?

Well, the governor would still maintain some appointment authority.

Also, all appointments and reappointments would still need to be confirmed by the Senate.

15/ Currently, a commissioner appointee is deemed ineligible to hold the position if they have an official relationship with a utility or own utility-related stocks or bonds.

SB 8 would also add the commissioner’s immediate family members to that requirement.

14/ SB 8 would also impose term limits on the commissioners.

Right now, commissioners serve 4-year terms with no term limits.

This bill would limit commissioners to three total terms, so a max. of 12 years. This limit would not be retroactive to the bill’s effective date.

13/ SB 8 would instead give the commissioners the task of selecting the leadership.

However, it is unclear how long a leadership position would be for…1 year? 2 years? Indefinitely?

Who knows 🤷‍♀️

12/ But wait, there's more. The bill would strip the Gov. of their authority to name the commission Chair and Vice Chair.

11/ Remember, it was just this past Sept. when the Kentucky GOP called into question the qualifications of the latest commission appointment, Former State Rep. John Will Stacy.

10/ All current members can serve out the remainder of their terms, provided that they meet the qualification requirements.

If they don’t, they must vacate their seats, and the Gov. would need to appoint a replacement.

9/ The auditor would appoint 2 commissioners by July 1, 2025, with one commissioner's term ending July 1, 2026, and the other July 1, 2027.

8/ For the auditor’s appointees:

- One commissioner must have at least 5 years of experience as a consumer advocate

- One commissioner would be subject to the same education or training requirements as the 2 Gov. appointees.

7/ Two Gov.-Appointed commissioners must be educated or trained and have 5 years of experience in:
- economics
- engineering
- accounting
- finance
- utility regulation
- pipeline or utility infrastructure safety
- business management, or
- environmental management

6/ Also, keep in mind that currently, no two commissioners can have the same occupation or profession. Now for those requirements…

For the gov.’s appointees:

One commissioner must be a licensed attorney who has actively practiced law for at least 7 years.

5/ Now, that’s not all. It would also set eligibility and experience requirements.

Current law requires the gov. to consider the various kinds of expertise relevant to utility regulation and the varied interests to be protected by the commission when selecting commissioners.

4/ The bill would also transform the technically nonpartisan agency into a somewhat partisan body by implementing political party requirements.

No more than three commissioners can be from the same party.

3/ SB 8 would give that responsibility to the State Auditor of Public Accounts.

For a quick recap: the Kentucky gov. is Democrat Andy Beshear, and the auditor is Republican Allison Ball.

2/ Senate Bill 8, introduced by Senate President Robert Stivers (R) on the last day that Senate bills could be introduced, would expand the commission to five members.

So, who would select these two extra commissioners? Glad you asked.

t.co/MDQjtWmgwr

For my inaugural post on Blue Sky, we're gonna be talking about a newly introduced bill in Kentucky that could lead to the shake up of the Kentucky Public Service Commission.

So buckle up and enjoy the ride as we dive into Senate Bill 8.

It's Thread Talk time. 🧵