News Stories

The Kentucky Public Service Commission (PSC) issued an order denying substantive requests in Columbia Gas motion for rehearing of the KYPSC’s earlier decision requiring the utility to continue its natural gas retail choice program. 

The PSC said that Columbia offered no new evidence related to previously addressed arguments that continuing the program over Columbia’s objections exceeds the Commission’s jurisdictional authority or is discriminatory; unreasonable, or unlawful. The program must now continue at least through the end of March 2028, providing gas suppliers in the market with at least medium-term regulatory certainty.

Excerpts from the Order:
{***} Columbia Kentucky’s argument that the Commission does not have jurisdiction to continue the program over Columbia Kentucky’s objection has already been previously addressed in the June 28, 2024, Order, and Columbia Kentucky has presented no new evidence on the matter. The Commission agrees with the Joint Intervenors as to this argument. The Commission has plenary authority to regulate utilities pursuant to KRS 278.030 and 278.040, and the Commission’s ruling falls squarely within this authority. {***}

{***} Furthermore, the Commission’s finds that the continuation of the Choice Program is not discriminatory nor is it unreasonable or unlawful. Columbia Kentucky has previously made similar arguments in briefing, and the Commission spent time in its final Order addressing why such action is not discriminatory. Columbia Kentucky did not present any new evidence here. Likewise, Columbia Kentucky’s argument that the Commission made incorrect statements regarding the administration of the program are not a material mistake of fact. Rather, it was a finding that the Commission made based on the evidence presented in this case. {***}

{***} The Commission is troubled by Columbia Kentucky’s comments on the Commission’s use of survey results as evidence. Columbia Kentucky itself relied on the same survey results when making its arguments in this matter.60 This survey was previously ordered to be conducted by the Commission.61 The Commission even stated that the survey results should be used by Columbia Kentucky and participating marketers to guide further education efforts.62 As stated by the Joint Intervenors, this was also not the only evidence considered by the Commission when making its decision. {***}

As background, on July 18, 2024, Columbia Gas of Kentucky, Inc. (Columbia Kentucky) filed a motion, pursuant to KRS 278.400, requesting rehearing of the Order entered June 28, 2024, and asking that the Commission reconsider its decision to continue the Choice Program beyond the date proposed by Columbia Kentucky.  

On July 25, 2024, XOOM Energy Kentucky, LLC (XOOM), Interstate Gas Supply, Inc. d/b/a IGS Energy (IGS), and Constellation New Energy Gas Division, LLC (CNEG) (together, Joint Intervenors), all parties granted intervention1 by the Commission in this matter, filed a joint response to Columbia Kentucky’s arguments. On July 31, 2024, Columbia Kentucky filed a reply.

Final Order  (08/07/2024)
(The order denies Columbia’s request to terminate the CHOICE program, directing it to carry out the program until March 31, 2028.)
Joint Intervenors Responses  (07/25/2024)
Motion for Rehearing  (07/18/2024)
Final Order
(KYPSC issued final order denying Columbia’s request to terminate the CHOICE program, directing it to carry out the program until 3/31/28.)
2021-00386 (Opened 09/30/2021)
Columbia Gas Of Kentucky, Inc. To Extend Its Small Volume Gas Transportation Service