Among Senate Bill 8's reforms are provisions that would grow the Public Service Commission from three to five members, grant the state auditor the authority to appoint two members rather than the governor having sole appointment power, and place new constraints on groups that are allowed to intervene in rate and other cases.
That last item has sparked debate, as it would limit third-party intervention to groups that can demonstrate "special and unique" reasons for their intervention in the cases, not simply broad interest. Sen. Brandon Smith explained his reasoning in a committee hearing Wednesday.
"What I'm trying to get here is that, when somebody comes to make an issue with a project in Kentucky, we want the transparency of knowing who's funding you to be there," Smith said. "Are you there because you're a citizen's group that cares about it? Are you a group that's been paid for by an outside country like China or Russia... that's funneled money into these cases to delay projects in the United States?"
But Tony Curtis with the Metropolitan Housing Coalition in Louisville, which has jointly intervened in cases, worried language in the bill would create new hurdles for advocacy groups such as the Kentucky Resource Council, the Sierra Club, and Kentuckians for the Commonwealth, who want to have a say when it comes to utility rates and projects.
"Senate Bill 8 selectively and unfairly targets these advocates for exclusion in PSC cases, yet this bill would not prohibit continued intervention in PSC cases by large commercial companies, major cities, organizations representing large industrial companies, trade organizations, and industrial concerns," Curtis said.
Smith argues the bill is needed to help address rising energy prices by eliminating delays and adding new criteria for appointees that ensure qualified experts are at the table.